Kalyan Dhibar v. State Of West Bengal

18.01.2023 sdas allowed CRM(DB) No. 204 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kalna Police Station Case No. 177 of 2022 dated 25.03.2022 under Sections 498A/307/326/120B of the Indian Penal Code.

And In Re : Kalyan Dhibar ...... petitioner Ms. Oindrila Ghosh .....for the petitioner Mr. S. S. Imam Mr. R. Jana ..... for the State Learned Counsel for the petitioner submits he is in custody for 281 days. There is little progress in the matter. Petitioner renews his prayer for bail.

Learned Counsel for the State produces the case diary. We have considered the materials on record. There is little progress in the matter since rejection of bail by this Court. Under such circumstances, 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/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kalna, Purba Bardhaman, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)