Dipak Bairagi v. State Of West Bengal

08.02.2023 sdas allowed CRM(DB) No. 524 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 937 of 2022 dated 24.09.2022 under Sections 447/325/376/511/427 of the Indian Penal Code. And In Re : Dipak Bairagi ...... petitioner Mr. Amanul Islam Mr. Sourav Mukherjee .....for the petitioner Mr. S. S. Imam Mr. R. Jana ..... for the State Learned Counsel for the petitioner submits he is in custody for 51 days. It is also submitted that he has been falsely implicated. He prays for bail.

Learned Counsel for the State opposes the prayer for bail. We have considered the materials on record. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to him. 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, Ranaghat, Nadia, subject to condition that 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.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)