Sitaram Munda @ Muad v. The State Of West Bengal
05.07.2023 Item no.7 Court No.1.
AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (DB) No. 335 of 2023 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Falakata Police Station Case No.216 of 2011 Dated 23.7.2011 under Sections 364/376/302/304 of the Indian Penal Code And In the matter of : Sitaram Munda @ Muad ......Petitioner.
Mr. Kallal Ghosh, (Chief LADCS) Jalpaiguri Mr. Bhanu Singha Sarkar, Mr. Raj Kumar Gupta, Mr. Kishan Sah, Mr. Rakesh Gupta, Mr. Utpal Dutta ......for the Petitioner (Legal Aid Defence Counsel) Mr. A. S. Chakraborty, ld. APP, Mr. Arjun Chowdhury ......for the State.
Heard learned Advocate for the petitioner appearing through Legal Aid Defence Counsel and learned Advocate for the State.
It is contended on behalf of the accused petitioner that considering the long detention of the present accused petitioner and that the trial has progressed substantially, the instant application for bail may be considered favourably. Learned Advocate for the State opposes the prayer for bail.
We have gone through the entire materials as placed before us including the depositions of witnesses as recorded so far. Admittedly, charge was framed under Section 304 IPC. Considering the entire scenario as placed before us, we are convinced that the present accused petitioner is successful in making out a case for obtaining a favourable discretion in his favour.
Accordingly, we direct that the petitioner, namely Sitaram Munda @ Muad shall be released on bail upon furnishing a bond of Rs.1,000/-, with one registered surety, to the satisfaction of the learned Additional Sessions Judge, 1st Track Court, Alipurduar, on condition that the present accused petitioner shall appear before the Trial Court on each date of substantive hearing subject to the provisions of Section 317 Cr.P.C. and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Partha Sarathi Sen, J.) (Arijit Banerjee, J.)