Bharat Bhusan Mandal v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 27.02.2023. C.R.M. (DB) 96 of 2023 104/tkm In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Matigara P.S case no. 527 of 2022 dated 9.5.2022 under sections 326/307 IPC and Allowed In Re : Bharat Bhusan Mandal ...... petitioner Mr. A Paul ...... for the petitioner Mr. Ujjwal Luksom Mr. D Sil ...... for the State Petitioner is in custody for 290 days. He renews his prayer for bail.

Learned lawyer for the State opposes the bail prayer. Learned lawyer for the de facto complainant also opposes the bail prayer.

We have considered the materials on record. Balancing the nature of accusation with the period of detention suffered by the petitioner and as there is little possibility of trial concluding in near future, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the ACJM, Siliguri on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 96 of 2023 is disposed of.

(Subhendu Samanta,J.) (Joymalya Bagchi, J.)