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Calcutta High CourtCRM (DB)/821/2023allowed

Dipankar @ Raju Roy Chowdhury v. State Of West Bengal

2023-03-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

27.03.2023 Sl. No.33 akd [ALLOWED] C. R. M. (DB) 821 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.02.2023 in connection with Bhadreswar Police Station Case No.655 of 2022 dated 07.12.2022 under Sections 341/325/326/195A/506/34 of the Indian Penal Code. And In Re: Dipankar @ Raju Roy Chowdhury ... ... Petitioner Mr. Sekhar Kumar Basu .. Sr. Advocate Mr. Neil Basu Mr. Sankha Biswas Mr. Dibyayan Banerji Mr. Abhrajit Roy Chowdhury ... ... for the petitioner Ms. Sutapa Sanyal Mr. Ayan Bhattacharya Mr. Pawan Kumar Gupta Mr. Pronojit Roy Mr. Debasis Mitra Mr. Rupak Ganguly ... ... for the de-facto complainant Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mrs. Sonali Das ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 91 days. Police report has not been filed. Hence, he is entitled to statutory bail.

We have considered the materials on record. We are informed police report has not been filed. Petitioner is in custody for about 91 days. Hence, we are inclined to grant statutory bail to the petitioner. Accordingly, the accused/petitioner, namely Dipankar @ Raju Roy Chowdhury, is released on statutory 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, Chandannagar, Hooghly

subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not enter the districts of Howrah and Hooghly except for the purpose of attending court proceedings and shall provide the address where he shall presently reside to the Investigating Agency as well as the court below and shall report to the Officer-in-charge of the police station within whose jurisdiction he shall presently reside once in a week until further orders.

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 for bail is thus disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)