Gangeswar Nayek v. State Of West Bengal

02.02.2023 tkm/ct 28 C.R.M. (DB) 409 of 2023 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nandakumar P.S case no.232 of 2022 dated 21.6.2022 under sections 447/323/324/325/307/354/379/506/34 IPC and Allowed In Re : Gangeswar Nayek ...... petitioner Mr. Suman De ...... for the petitioner Mr. P K Datta Mr. Pdodipta Ganguly ...... for the State Petitioner is in custody for 44 days. It is submitted there was a civil dispute between the parties. He has been falsely implicated in the instant case.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record including the injury report. Injuries do not appear to be life threatening. In view of the aforesaid circumstance and the period of detention suffered by the petitioner, we are inclined to 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 CJM, Purba Medinipur on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever 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. The application being CRM (DB) 409 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)