Sumit Thapa v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE 30.05.2022 Court No.05 Item No.05 (Allowed) pg.

CRM (DB) 180 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Sadar Police Station Case No. 35 of 2022 dated 24.03.2022 under Sections 326/307/34 of the IPC and charge sheet submitted under Sections 326/307 of the IPC; And In the matter of : Sumit Thapa

...Petitioner

Ms. Jeenia Rudra ... For the Petitioner Mr. N. Ahamed Mr. Kallol Acharjee Mr. Tapan Bhattacharjee ... For the State This is an application for bail.

We have heard the learned counsel for the parties and perused the case diary.

Considering the period of detention of the petitioner and the extent of involvement of the petitioner in the alleged offence, we are inclined to grant bail to the petitioner.

Accordingly, we direct that, the petitioner shall 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 Chief Judicial Magistrate, Darjeeling, and on further condition that the petitioner shall report to the Officerin-Charge of the concerned police station once in every fortnight until further order to be obtained from the concerned Magistrate. The petitioner shall appear before the learned Trial Court on every date of

hearing until further orders therefrom and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with the condition as enshrined hereinbefore, it is open to the Trial Court to cancel the bail in accordance with law without any further reference to this Court. The application for bail being CRM (DB) 180 of 2022 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities. (Arindam Mukherjee, J.) (Subhendu Samanta, J.)