Niranjan Biswas v. State Of West Bengal

PJ SM 01.02.2022 Ct. No.29 (Allowed) C.R.M.(DB) 205 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P.S. Case No. of dated 17/10/2021 under Sections 498A/302/304B/34 (after charge-sheet under Sections 498A/304B/34) of the Indian Penal Code and under Sections 3/4 of the D.P Act.

And In the matter of: Niranjan Biswas ....petitioner.

Mr. Sagar Saha, Mr. Subir Debnath, Mr. Roma Roy, ...for the petitioner.

Mr. S. G. Mukherjee, Ld. P.P Mr. M. Roy, ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that petitioner is in custody for 77 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 of the Court to the post-mortem report and the statement recorded under Section 161 Cr.P.C.

Considering the period of detention of the petitioner and considering the post-mortem report of the deceased and considering the fact that the police filed charge-sheet, we grant bail to the petitioner.

Accordingly, the petitioner 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, Ranaghat, Nadia subject to the condition that during bail he shall appear before the learned trial

court on the date fixed till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M.(DB) 205 of 2022 is, thus, disposed of.

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