Raju Sah v. The State Of West Bengal

02.05.2023 KC (13)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(DB) 181 of 2023 In the Matter of : Raju Sah .... petitioner.

Mr. Sudip Guha.............................For the petitioner. Mr. A.S. Chakraborty, Ld. A.P.P., Mr. Abhijit Sarkar, Mr. Subashish Mishra...................For the State. This is an application for grant of bail filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with F.I.R. No. 1283 of 2022 dated 7th December, 2022 under Section 302 of the Indian Penal Code, corresponding to G.R. Case No. 6783 of 2022 pending before the court of learned Sessions Judge, Jalpaiguri. The charge against the petitioner is under Section 302 of the Indian Penal Code.

He is in custody for over 5 months.

Charge-sheet has been submitted on 20th February, 2023.

On our specific query from learned counsel for the State whether the petitioner has shown any indication or

there is anything on record to suggest that he will interfere with witnesses, tamper with evidence or flee from justice, learned counsel submits that the record do not state anything to that effect.

In those circumstances, we allow this application for bail on the following conditions:

The petitioner will be enlarged on bail upon furnishing a bond of Rs. 30,000/- (Thirty Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri on the following conditions:

1. The petitioner shall deposit his passport, if he has one, with the investigating officer,

2. He shall report before the said officer twice a week,

3. The petitioner shall not leave the limits of the district Jalpaiguri without informing the I.C.,

4. He shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. The petitioner shall attend the court on each and every day of trial, in default, the court shall be at liberty to cancel the bail bond without any reference to this bench.

The application for bail [CRM (DB) 181 of 2023] is, accordingly, disposed of.

(I.P. MUKERJI, J.) (ANANYA BANDYOPADHYAY, J.)