CRM/9070/2021 of AVISHEK MUKHERJEE @ AVI Vs STATE OF WEST BENGAL on 30 December 2021

30.12.2021 Serial no. 14 Dd/Srimanta

(Through Video Conference)

CRM 9070 of 2021

In re : An Application for Bail under Section 439 of the Code ofCriminal Procedure in connection with Barrackpore Police StationCase No. 137 of 2019 dated 22.09.2019 under Sections302/201/34 of the Indian Penal Code now No. as SC-02/2020with S.T. 03(01) of 2021.

-And-

In the matter of : Avishek Mukherjee @ Avi … …Petitioner Mr. Debasis Kar, Mr. A. Chakraborty, Advocates … … For the Petitioner Mr. Swapan Banerjee, Ld. P.P(in-charge)

Mr. Subrata Roy,

Mr. Pratick Bose, Advocates

… …For the State

Considering the period of detention, the progress inthe trial, materials on record and the age of the petitioner,we are of the opinion that this is a fit case for grant of bailon stringent conditions.

Accordingly, we direct that the petitioner shall bereleased on bail upon furnishing a bond of Rs. 20,000/-(Rupees Twenty Thousand only), with two sureties of likeamount each, one of whom must be local, to the satisfactionof the Learned Additional Chief Judicial MagistrateBarrackpore subject to condition that the petitioner shallappear before the learned trial court on every date ofhearing until further orders and shall not intimidatewitnesses and/or tamper with evidence in any mannerwhatsoever.

In the event, the petitioner fails to appear before thetrial court without any justifiable cause, the trial court shallbe at liberty to cancel the bail of the petitioner in accordancewith law without further reference to this Court.

This application for bail is allowed.

(Shampa Sarkar, J.)

(Bibhas Ranjan De, J.)