Bikash Roy v. The State Of West Bengal

rkd 18.08.2020 Ct. no.16 (Allowed) C.R.M. 5645 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Maynaguri P.S. Case No. of dated 15/02/2020 under Sections 143/341/326/307/379/506/120B/302 of the Indian Penal Code.

And In the matter of: Bikash Roy ....petitioner.

Ms. J. Rudra ...for the petitioner.

Mr. A. Biswas ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Petitioner is in custody for 170 days. It is further submitted that co-accuseds have been granted bail/anticipatory bail.

Learned counsel appearing on behalf of the State opposes the prayer for bail.

Having considered the materials on the case diary and bearing in the mind the nature of allegations in the light of the aforesaid submission that other co-accused persons are on bail/anticipatory bail and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner is directed to 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 Learned Chief Judicial Magistrate, Jalpaiguri subject to the condition that during bail he shall appear before the learned

trial court regularly till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail is, thus, disposed of. (Kausik Chanda, J.) (Joymalya Bagchi, J.)