Manojit Roy v. The State Of West Bengal
36.
05.07.2023 Court No.1 Tanmoy Ghosh Allowed CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE CRM (DB) 365 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Sahebganj Police Station Case No. 219 of 2023 dated 18.06.2023 under Sections 143/323/325/34 of the Indian Penal Code, 1860 read with Sections 25(1-A)/27 of the Arms Act.
And In the matter of: - Manojit Roy ...petitioner.
Mr. Sudip Guha, Adv.
...for the petitioner.
Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Aniruddha Biswas, Adv.
...for the State.
Heard learned Advocate for the petitioner and learned Advocate for the State at length.
It is contended on behalf of the petitioner that out of political rivalry the present accused petitioner has been implicated falsely.
Learned Advocate for the State, however, opposes the prayer for bail.
On a perusal of the entire material in the case diary it does not appear to us that further custodial detention of the present accused petitioner is necessary for the purpose of
investigation. Accordingly, we are inclined to exercise our discretion in favour of the present accused petitioner. Accordingly, we direct that the petitioner, namely, Manojit Roy, shall be released on bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Dinhata, Cooch Behar on condition that the present accused petitioner shall meet the Investigating Officer as and when called for till submission in Final Form and shall not leave the district without leave of the Investigating Officer and on further condition that the present accused petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without any 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 being CRM (DB) 365 of 2023 is accordingly allowed and disposed of.
(Arijit Banerjee, J.) (Partha Sarathi Sen, J.)