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Calcutta High Court (Appellete Side)

325/326A/34 Of The Indian Penal Code vs In Re : Somnath Singha Roy on 27 September, 2022

27.09.2022 31 sdas allowed CRM(DB) No. 3258 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnagunj Police Station Case No. 101 of 2022 dated 06.04.2022 under Sections 325/326A/34 of the Indian Penal Code.

And In Re : Somnath Singha Roy ...... petitioner Mr. Soumyajit Das Mahapatra .....for the petitioner Mr. Binay Panda Mr. Subham Bhakat ..... for the State Learned Counsel for the petitioner submits he is in custody since 06.04.2022. Co-accused is on bail. He prays for bail.

Learned Counsel appearing for the State opposes prayer for bail.

We have considered materials on record. Co-accused has been enlarged on bail. Keeping in mind the aforesaid fact and nature of injury, 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, Nadia, on condition that he shall not intimidate the witnesses or tamper with evidence in any manner 2 whatsoever and he shall appear before the trial court on every date of hearing.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)