Khurshid Alam @ Khursid v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 4.9.2020 ks/sk Item no.3 Bail allowed C.R.M. No.6205 of 2020 Khurshid Alam @ Khursid -vsThe State of West Bengal with CRAN/1/ 2020(Old No.CRAN/4715/2020) In Re: An application for bail under Section 439 CrPC in connection with Gazole P.S. Case No.336 of 2020 dated 30.7.2020 under sections 493/376/506 of the IPC.

Mr. Arup Kumar Bhowmick ...for the petitioner Mr. Swapan Banerjee, Mrs. Purnima Ghosh ... for the State.

The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The learned Advocate appearing for the petitioner submits that the petitioner and informant were in a relationship and subsequently the informant has instituted the instant case. He further submits that further detention of the petitioner is unwarranted in the facts and circumstances of the case and the petitioner being a permanent resident, there is no chance of abscondance.

The learned Advocate appearing for the State opposes the prayer for bail and produces the case diary.

We have perused the materials-on- record including the statement of the victim and the First Information Report as well as the medical report. Considering the same, we are of the view that further detention of the petitioner is unwarranted in the background of the facts and circumstances of the case.

In those circumstances, we allow the application for bail. Accordingly, 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 CJM, Malda subject to the condition that while on bail the petitioner shall meet with the Investigating Officer of the case once in a fortnight until further orders and 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. CRM No.6205 of and CRAN/1/ 2020(Old No.CRAN/4715/2020) are disposed of.

[ Tirthankar Ghosh, J] [Samapti Chatterjee, J]