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Calcutta High CourtCRM (DB)/1172/2022allowed

Dipanjan Basu @ Tutun v. State Of West Bengal

2022-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.05.2022 Serial no. 52 [Dd] (Bail allowed) CRM (DB) 1172 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bantra Police Station Case No.

of dated 16.04.2022 under Sections 341/325/307/506/34 of the Indian Penal Code being G.R. Case No. 2489 of 2022.

-AndIn the matter of : Dipanjan Basu @ Tutun ... ... Petitioner Mr. Anindya Ghosh, Mr. Sekhar Mukherjee, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is the Manager of HDFC Bank. The petitioner was falsely implicated. He submits that the petitioner is in custody for 17 days.

Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim as also the statement of the victim recorded under Section 161 of the Criminal Procedure Code.

Apparently, the petitioner is not the principal assailant assaulting the victim.

Considering the period of detention of the petitioner and considering the materials in the case diary as against the petitioner, we are inclined to grant bail to the petitioner. Accordingly, we direct that the petitioner shall 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, Howrah subject to condition that the petitioner shall meet in the Investigating Officer once in a fortnight till conclusion of investigation and, thereafter, on the submission of charge sheet the petitioner appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 1172 of 2022 is disposed of.

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