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Calcutta High CourtCRM/332/2021allowed

Biltu Pan v. State Of West Bengal

2021-01-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

15.01.2021 Item No.33 Ct.No.28 Subha Allowed C.R.M. 332 of 2021 (Via Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure.

And In the matter of : Biltu Pan ... Petitioner.

Mr. Tushar Kanti Har Mr. Somnath Chakraborty ... For the Petitioner.

Mr. Bidyut Kumar Roy, Ms. Rita Datta ... For the State.

The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Anandapur P.S. Case No. 173 of 2020 dated 09-11-2020 under Sections 498(A)/323/34 of the Indian Penal Code with added Sections 307/313 of the Indian Penal Code.

The learned advocate appearing for the petitioner submits that the marriage was solemnized between the petitioner and the de facto complainant in the year 2018. The petitioner has been falsely implicated in the criminal proceedings. There is no incriminating material against him and he is in custody for more than 43 days.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials available in the case diary, the medical documents and also the extent of complicity of the petitioner in the alleged offence, we are of the opinion that further detention of the petitioner is not necessary. 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 Additional Chief Judicial Magistrate, Paschim Medinipur and on further condition that the petitioner shall meet with the Officer-in-Charge of the Anandapur Police Station once a week on and from 25th January, 2021, until further orders.

The application for bail being CRM 332 of 2021 is, accordingly, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)