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Calcutta High CourtCRM (DB)/1217/2022allowed

Surajit Guchhait v. State Of West Bengal And ORS.

2022-05-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Kausik Chanda2 pages

AD 06.05.2022 Ct. No.29 (Allowed) C.R.M. (DB) 1217 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tamluk P.S. Case No.54 of 2022 dated 22/01/2022 under Sections 365/368 of the Indian Penal Code and added Sections 417/376(2n)/506/34 of the Indian Penal Code corresponding to G.R. Case No.204 of 2022.

And In the matter of: Surajit Guchhait ....petitioner.

Mr. Ritam Chowdhury ...for the petitioner.

Mr. Sudip Ghosh Mr. Apurba Kumar Datta ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 97 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required. The petitioner was falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the materials in the case diary.

Considering the period of detention of the petitioner and considering the fact that the police submitted 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, Purba

Medinipur at Tamluk, subject to the condition that during bail the petitioner shall appear before the learned trial court on every date of hearing and that the petitioner 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 prayer for bail of the petitioner is allowed. The application for bail being C.R.M. (DB) 1217 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Kausik Chanda, J.)