Biplab Basak v. The State Of West Bengal

SL. 33. CALCUTTA HIGH COURT March 22, 2021. IN THE CIRCUMIT BENCH AT JALPAIGURI MNS C.R.M. 302 of 2021 In Re : An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.03.2021 in connection with Alipurduar Police Station Case No. 34 of 2020 dated 24.01.2020 under Sections 302/34 of the Indian Penal Code, 1860 and Sections 25(1)(a)/27/35 of the Arms Act, 1959. And In Re : Biplab Basak ... petitioner.

Mr. Sabir Ahmed, Ms. Arpita Saha ... for the petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Sourav Ganguly ... for the State.

Heard the learned advocates appearing for the respective parties.

It is submitted by learned counsel for the petitioner that the petitioner has a valid arms licence and was not involved in the alleged offences.

Learned counsel appearing for the State opposes the prayer for bail.

However, it appears from the case diary that there is scope of extending benefit of doubt to the petitioner in the facts and circumstances of the case.

Accordingly, CRM 302 of 2021 is allowed, thereby granting bail to the petitioner 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 Additional Chief Judicial Magistrate, Alipurduar.

Further, the petitioner shall not make directly or indirectly any inducement, threat or promise to any

person acquainted with the facts of the case so as to dissuade her/him from disclosing such facts to any police officer or the court and/or tamper with evidence. The petitioner shall not leave the jurisdiction of the trial court during the course of trial and shall attend each date of hearing when trial commences.

(Sabyasachi Bhatttacharyya, J.) (Kausik Chanda, J.)