Shyamal Debnath v. State Of West Bengal

08.02.2024 Sl. No.25 akd [ALLOWED] C. R. M. (DB) 216 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.01.2024 in connection with Santipur Police Station Case No.1120 of 2023 dated 08.10.2023 under Sections 448/325/326/307/34 of the Indian Penal Code. (G.R. Case No.3968 of 2023) And In Re: Shyamal Debnath ... ... Petitioner Ms. Minoti Gomes Ms. Dona Sanyal ... ... for the petitioner Mr. Sandip Chakraborty ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 63 days. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Though the injury is on the head, it appears to be superficial and internal organs have not been damaged. There is no chance of abscondence of the petitioner. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Shyamal Debnath, 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, Ranaghat, Nadia subject to condition that the said petitioner shall appear before the trial court on every date of

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

5. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)