Chandan Giri v. State Of West Bengal

19.03.2021 Item No.75 Ct.No.28 Subha Allowed C.R.M. 927 of 2021 (Via Video Conference) In Re: An application for bail under Section 439 Cr.P.C in connection with Ramnagar P. S. Case No. 224 of 2020 dated September 13, 2020 under Sections 498A/304(B)/34 of the Indian Penal Code( G. R. Case No. 1348 of 2020), In the matter of : Chandan Giri ... Petitioner. Mr. Jayanta Narayan Chatterjee Mr. Sk. Shahjahan Ali Mr. Md. Nazir Ahmed Ms. Jayashree Patra Ms. Nandini Chatterjee ... For the Petitioner.

Mr. Saswata Gopal Mukherji, ld. PP 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 Ramnagar P. S. Case No. 224 of dated September 13, under Sections 498A/304(B)/34 of the Indian Penal Code( G. R. Case No. 1348 of 2020), Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner is in custody for about

81 days and the investigation of the case has already been concluded.

Additionally, the learned advocate appearing for the petitioner submits that the other relations of the present petitioner have been granted bail and there are only allegations against the present petitioner to the effect that he had instigated the other petitioners who have been released on bail.

Mr. Mukherji, learned Public Prosecutor appearing for the State opposes the prayer for bail of the present petitioner and submits that the incident took place within one and half year of marriage and the present petitioner was arrested after a considerable period of time. We have perused the materials on record in the case diary including the statement of the witnesses and the explanation offered for delayed registration of the First Information Report. Having regard to the complicity of the present petitioner in respect of the other accused persons who have been released on bail, we are of the opinion that further detention of the present petitioner is not necessary in the facts and circumstances of the case and as such, the prayer for bail of the present petitioner is allowed. Therefore, the accused/petitioner, namely, Chandan Giri, 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, Contai, Purba Medinipur subject to condition that he shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the said petitioner shall meet with the Officer-in-Charge of the Ramnagar Police Station once a week until further orders and shall not leave the jurisdiction of the said police station without the leave of the learned Trial Court. With the aforesaid observations, the application for bail being CRM 927 of 2021 is, accordingly, disposed of. (Harish Tandon, J.) (Tirthankar Ghosh, J.)