Kalu Ali v. State Of West Bengal

CRM (DB) 1318 of 2022 19.05.2022 Sl. 52 Court No.29 (sourav) (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Chanchal Police Station Case No. 117 of 2022 dated 05.02.2022 under Sections 498A/304B of the Indian Penal Code, 1860.

And In the matter of: Kalu Ali ....petitioner.

Mr. Sandipan Ganguly Mr. Arup Sarkar Ms. S. Laskar ...for the petitioner.

Mr. Arijit Ganguly Mr. Avik Ghatak ... for the State.

Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 105 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statement of the neighbours recorded under Section 161 of the Criminal Procedure Code and to the Post Mortem Report of the victim.

Considering the period of detention of 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/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda subject to the condition that during bail the petitioner

shall appear before the learned trial court on every date of hearing and 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 CRM (DB) 1318 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bivas Pattanayak, J.)