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Calcutta High CourtCRM (DB)/162/2022allowed

Surajkanta Mondal v. State Of West Bengal

2022-04-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

12.04.2022 Serial no. 84 Aloke Ct. No. 29 CRM (DB) 162 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 17.01.2022 in connection with Hanskhali P.S. Case No. 248 of 2021 dated 13.04.2021 under Sections 448/195A/376/511/120B/34 of the Indian Penal Code.

-AndIn the matter of : Surjakanta Mondal ... ...Petitioner Ms. Sananda Bhattacharya, Advocate ... ... For the Petitioner Mr. P.K. Datta, ld. APP Mr. Subrata Roy, Advocate ... ...For the State Petitioner prays for bail.

Learned Advocate for the petitioner submits that the petitioner was falsely implicated. The petitioner is in custody for 110 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet and considering the gravity of the offence and the involvement of the petitioner therein, we are inclined to grant bail to the petitioner.

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, Ranaghat, Nadia, subject to condition that petitioner shall appear before the learned trial court on every

date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

The prayer for bail is allowed.

CRM (DB) 162 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)