Pradip Barman v. The States Of West Bengal

27.02.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.111 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (DB) 109 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.02.2023 in connection with Sitalkuchi Police Station Case No.30 of 2020 dated 26.02.2020 under Sections 447/302/323/325/354/506/34 of the Indian Penal Code. (G.R. Case No.120 of 2020) And In Re: Pradip Barman ... ... Petitioner Mr. Arnab Saha Mr. Sourav Ganguly ... ... for the petitioner Mr. Aditi Shankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Arjun Chowdhury ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about three years. Co-accused has been enlarged on bail. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Co-accused has been enlarged on bail. In view of the aforesaid fact and the protracted period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Pradip Barman, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Mathabhanga, Cooch Behar subject to condition that the

said petitioner shall appear before the trial court on every date of hearing until further orders 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 for bail, thus, stands allowed. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)