Krishna Karmakar v. State Of West Bengal

19.01.2021 Item No.7 Ct.No.28 dc.

Allowed C.R.M. 348 of 2021 (Via Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure.

And In Re :

Krishna Karmakar ... Petitioner.

Mr. Arindam Jana, Mr. Sumanta Das ... For the Petitioner.

Mr. S. G. Mukherji, Ld. P.P., Mr. Aniket Mitra ... For the State.

The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Chapra P.S. Case No. 144 of 2020 dated 30.04.2020 under Sections 498(A)/306/302/34 of the Indian Penal Code.

Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner's marriage was solemnized about 12 years back. On the basis of the complaint, the petitioner was arrested and he is presently in custody for 256 days. Upon completion of investigation, charge-sheet has also been filed and as such, further detention of the petitioner is not necessary.

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 in the case diary, the nature of allegations and the period of custody, 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 Chief Judicial Magistrate, Krishnagar, Nadia and on further condition that the petitioner shall be present before the trial court on the dates of hearing. The application for bail, being CRM 348 of 2021, is, thus, disposed of.

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