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Judgment
[1] Heard Mr.P.Roy Barman, learned Sr.Advocate appearing for the petitioner along with Mr.S.Bhattacharjee, learned counsel.
Heard Mr.Ratan Datta, learned PP appearing for the State Respondent.
[2] The petitioner who is an advocate by occupation was accused in Bishalgarh P.S.Case No.4 of 2021 for having committed offence punishable under Sections 325, 307, 427 read with Section 34 IPC and Section 120B IPC.
[3] The bail application was moved on his behalf before this court on 18/03/2021.It was submitted before this court that the accused was in custody since 21/01/2021 even though there was no prima facie material supporting the charges against him. After hearing learned counsel appearing for the parties, bail was granted to the petitioner for an interim period till 07/04/2021 vide order dated 18/03/2021 observing as under:
"[9] Admittedly, there is no other material against the petitioner in support of his involvement in the alleged occurrence except the 'voice call' between the petitioner and accused Prasenjit Roy and the statements of two witnesses pertaining to telephonic conversation between the accused and some local people. It has been submitted by Mr. Roy Barman learned Sr.Advocate that it is no case of the prosecution that in the said voice call the petitioner instructed his followers or in any manner he incited them to commit the offence. According to Mr.Roy Barman, learned Sr. Advocate, also there is no element of conspiracy in the given case to book the petitioner for offence punishable under Section 120- B IPC. According to Mr.Roy Barman, the petitioner is an advocate having a long standing at the bar and he has no past criminal antecedent and the imputations leveled against him are absolutely baseless.
[10] Having considered the submissions made at the bar, the materials placed before this court, the serious illness of the wife of the petitioner and the facts that the petitioner has already undergone detention for a period of 2 months and the investigation of the case is almost complete, this court is of the view that it would not be inappropriate to release the petitioner on interim bail subject to certain conditions. Therefore, the petitioner is allowed interim bail till 07.04.2021 on his furnishing bail bond of Rs.50,000/- with two sureties of like amount each to the satisfaction of the SDJM, Bishalgarh on the following conditions:
i) He will make himself available before the investigating officer thrice in a week at Bishalgarh Police Station.
ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade that person from disclosing such facts to the investigating agency.
iii) The petitioner shall not leave the jurisdiction of the trial court without the permission of the Addl. Sessions Judge, Bishalgarh during this period.
iv) He will surrender his passport, if he is in possession of such passport, before the investigating officer at the time of furnishing bail bond.
Communicate the order to the Addl. Sessions Judge, Bishalgarh.
The matter will be further listed on 07.04.2021.
Return the CD."
[4] On 07/04/2021 Mr.Roy Barman learned Sr. Advocate representing the petitioner moved for relaxation of the conditions of bail. After hearing Mr.Roy Barman, learned Sr.Advocate as well as Mr.Ratan Datta, learned PP the following order was passed on 07/04/2021:
"Heard Mr.P.Roy Barman, learned Sr.Advocate assisted by Mr.S.Bhattacharjee, learned counsel for the petitioner who submits that condition (i) and condition (iii) of the order dated 18.03.2021 whereby bail was granted to the petitioner may be lifted in view of the fact that during the period of bail he has not misused his liberty and both the conditions are very stringent making it quite difficult for the petitioner to take approval of the Addl. Sessions Judge, Bishalgarh every time he goes out of Bishalgarh.
Learned counsel urges the court for granting regular bail to the petitioner.
Heard Mr. Ratan Datta, learned PP who has fairly submitted that there is no allegation that accused has violated the bail conditions or otherwise misused the liberty granted to him under the said order of bail. Learned counsel, however, opposes lifting of the conditions at this stage.
Having heard learned counsel of the parties, condition no. (i) is lifted. The petitioner need not make himself available before the IO at Bishalgarh police station thrice in a week. He is, however, directed to cooperate with the IO till the investigation is over. He will report to the IO whenever his presence is required by the IO for the purpose of investigation.
The other conditions will remain in force till 16.04.2021 when the matter will be taken up for final disposal "
[5] Today it is submitted by Mr.Roy Barman, learned counsel appearing for the petitioner that there is no allegation against the petitioner that he has violated any of the conditions of bail or otherwise misused the liberty granted under bail. It is, therefore, submitted by Mr.Roy Barman that the bail petition may now be finally disposed of.
[6] Mr.RatanDatta, learned PP fairly submits that the accused did not misuse his liberty during the period of bail. He has extended full cooperation to the investigating agency and the investigation is at the matured stage.
[7] Having heard learned counsel of the parties and having considered the materials available before this court including the CD, this court is of the view that the accused may now go on regular bail on his furnishing bail bond of Rs.25,000/- with two sureties of like amount each to the satisfaction of SDJM, Bishalgarh on condition that the accused will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade that person from disclosing such facts to the investigating agency or to the court during trial.
[8] In terms of the above, the bail petition is disposed of.
Return the CD.