Calcutta High CourtCRM (DB)/980/2022allowed

Achinta Patar v. State Of West Bengal

2022-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

18.04.2022 Sl. 52 Court No.29 suvayan (Allowed) C.R.M. (DB) 980 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.04.2022 in connection with Gangajalghati P.S. Case No. 02 of 2022 dated 08/01/2022 under Sections 498A/304B/306/34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. And In the matter of: Achinta Patar ....petitioner Mr. Samiran Mandal Mr. Abinaba Dan Mr. Nitish Samanta ...for the petitioner.

Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

Mr. Praloy Bhattacharjee Ms. Sumita Sarkar Ms. Swarnali Bera Ms. Soma Das ...for the de facto complainant.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 100 days. The police filed chargesheet and, therefore, further detention of the petitioner is not required.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report and to the materials in the case diary.

Learned Advocate appearing for the de facto complainant draws the attention of the Court to the statement contained in the First Information Report.

Considering the postmortem report of the victim and considering the period of detention to the petitioner and considering the fact that the police filed charge-sheet, we grant bail to the

petitioner.

Accordingly, the petitioner be released on 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 Chief Judicial Magistrate, Bankura subject to the condition that during bail he shall appear before the learned trial court on the date fixed till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 980 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)