The Division Bench granted bail to the petitioner charged under IPC Sections 353, 333, 307, and 34. Order was made in view of the 56-day detention and non-life-threatening injuries, requiring a Rs. 10,000 bond with two local sureties.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount.
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19.04.2023 tkm/ct 28 sl no. 34
C.R.M. (DB) 1355 of 2023
In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nakashipara PS case no. 746 of 2022 dated 21.9.2022 under sections 353/333/307/34 of the IPC
And Allowed In Re : Asman Biswas …… petitioner Mr. S Das Mhapatra Mr. A Islam Mr. S Mukherjee …… for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee …… for the State
Heard learned lawyers for the parties.
Petitioner is in custody for 56 days. Injuries are not life threatening. Balancing the nature of accusation with the period of detention suffered by the petitioner we are inclined to grant bail to the petitioner.
Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned CJM, Nadia at Krishnanagar on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
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 automatically without reference to this court.
The application being CRM (DB) 1355 of 2023 is disposed of.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner in custody for 56 days where injuries are not life-threatening.
Whether conditions of bond and surety must be prescribed for release on bail.
Asman Biswas
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
