Calcutta High Court (Appellete Side)
Biplab Das & Ors vs Unknown on 1 October, 2019
1 01.10.2019
SL No.509 Saswata CRM 6774 of 2019 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.07.2019 in connection with Amdanga P.S. Case No. 388/2018 dated 29.08.2018 under Sections 147/148/149/427/326/302/201/120B of the Indian Penal Code read with Sections 25/27 of the Arms Act and Section 9B (ii) of Indian Explosive Act.
And In the matter of: Biplab Das & ors.
....Petitioners.
Mr. Debasish Roy
Mr. A. Ghosh
...for the
Petitioners.
Mr. Swapan Banerjee, Ld. APP
Mr. Sman De
...for the State.
It is submitted on behalf of the petitioners that the co accused persons are on bail and there is no progress in the matter since the last rejection of their bail application.
Learned lawyer for the State opposes the prayer for bail and submits that there is chance of tampering the witness.
Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime and as co accused persons are on bail, we are inclined to grant bail to the petitioners. 2 Let the petitioners be released on bail upon furnishing a Bond of Rs. 10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate Barasat, subject to the condition that during bail the petitioners shall appear before the learned trial court regularly till disposal of the trial and the petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioners shall remain outside the jurisdiction of Amdanga Police Station until further orders except for the purposes of investigating and/or for attending the court proceedings and shall provide the address where they shall presently reside to the Investigating Agency as well as the Court below and shall report to the Officer-in-Charge of the concerned police station within whose jurisdiction they shall presently reside once in a week until further orders.
In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.
The application for bail is, thus, disposed of. 3 (Jay Sengupta, J.) (Joymalya Bagchi, J.)