Calcutta High Court (Appellete Side)
Code vs Allowed on 9 June, 2022
09.06.2022 cm/ct 28 C.R.M.(DB) No. 1515 of 2022 sl no. 65 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nandigram P.S Case No. 122 of 2021 dated 27.03.2021 under Sections 341/323/325/307/427/379/506/34 of the Indian Penal Code and adding Section 302 of the Indian Penal Code.
And Allowed In Re : Pabitra Kar ..... petitioner Mr. Kishore Dutta, Sr. Advocate Mr. Rajdeep Mazumder Mr. Sourav Chatterjee Mr. Moyukh Mukherjee Mr. Abhijit Singh ...... for the petitioner Mr. Swapan Banerjee Mr. Suman De ...... for the State Petitioner is in custody for 204 days. He renews his prayer for bail. He submits there is hardly any progress in the matter since the rejection of bail by this court and co-accuseds are on bail.
Learned Senior Government advocate for the State opposes the prayer for bail. He submits petitioner had absconded and was arrested from Orissa. There are materials connecting the petitioner with the alleged crime.
We have considered the materials on record. Petitioner is in detention for 204 days and there is hardly any progress in the matter since the rejection of bail by this court. In view of the aforesaid facts and as co accuseds are on bail, we are of the opinion petitioner may be enlarged on bail subject to strict condition.
2Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties, one of whom must be local, to the satisfaction of the learned ACJM, Haldia Purba Medinipur on condition that the petitioner while on bail shall remain within the jurisdiction of Nandigram police station except for the purposes of attending other court proceedings, he shall report to the officer-in-charge of Nandigram police station once in a week or until further orders.
He shall attend the court proceedings on every date of hearing without fail and shall not tamper with evidence and intimidate witnesses on any manner whatsoever.
The application being CRM(DB) No.1515 of 2022 is disposed of.
(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)