Chandan Banerjee v. State Of West Bengal

09.02.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(DB) 384 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 32 of 2022 dated 10.01.2022 under Sections 417/376 of the Indian Penal Code, 1860 And In Re : Chandan Banerjee ...... petitioner Mr. Shibaji Kumar Das .....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Sonali Bhar ....for the State Petitioner seeks bail.

Learned senior advocate appearing for the petitioner submits that, the petitioner is in detention for 29 days. He submits that, the petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). Considering the period of detention of the petitioner and considering the 164 Cr. P.C. statement of the victim and considering her age, we 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, Kalyani, Nadia, subject to the condition that the 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 and on further condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)