Amarjit Singh v. State Of West Bengal

CRM 1119 of 2021 24.03.2021 Court No.28 Item No.84 In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 22.01.2021 in connection with Krishnaganj Police Station Case No. 237 of 2020, dated 01.11.2020 under Sections 498A/304B/34 of the Indian Penal Code. akd And In the matter of : Amarjit Singh.

...Petitioner

Mr. Prabir Majumder, Mr. Snehansu Majumder.

...For the Petitioner Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Partha Pratim Das, Ms. Manasi Roy.

...For the State.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Krishnaganj Police Station Case No. 237 of 2020 under Sections 498A/304B/34 of the Indian Penal Code. Mr. Prabir Majumder, learned Advocate appearing for the petitioner, submits that the petitioner is in no way connected to the deceased and has been described to be a friend. The petitioner is in custody for 144 days. Learned Advocate additionally submits that on any condition the petitioner may be released on bail. Mr. Partha Pratim Das, learned Advocate for the State opposes the prayer for bail. He draws attention of this Court to the letter of complaint giving rise to the registration of first information report and other statements of the witnesses.

We have heard the submissions so advanced by the respective Counsels and perused the materials available in the case diary and assessed the statement of the witnesses. On a scrutiny of the same we are of the opinion that the materials, which are appearing against the petitioner, do not warrant his further detention in custody. Accordingly, the petitioner, Amarjit Singh, shall be released on bail upon furnishing a bond of Rs.10,000 /- (Rupees Ten Thousand), with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at

Krishnagar, subject to the condition that the petitioner shall not tamper with the evidence in any manner whatsoever; the petitioner shall not intimidate the witnesses and the petitioner shall attend the Court on each day of its listing. It is made clear that failure to attend the Court on a solitary day without any justifiable reason shall disentitle the petitioner to the privilege of bail. It shall be open to the concerned Magistrate/Judge to cancel the bail without any further reference to this Court.

The application for bail, being CRM 1119 of 2021, is thus allowed.

(Harish Tandon, J) (Tirthankar Ghosh,J.)