Dipan Dhara v. The State Of West Bengal

15.06.2022 sdas allowed CRM(DB) 1754 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Monteswar Police Station Case No. 92 of 2022 dated 20.03.2022 under Sections 448/376/506 of the Indian Penal Code.

And In Re : Dipan Dhara ...... petitioner Mr. Jyoti Prakash Chatterjee .....for the petitioner Mr. Binay Panda Mr. Subham Bhakat ..... for the State Learned Counsel appearing for the petitioner submits that he is in custody for 87 days.

Learned Counsel appearing for the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind the aforesaid facts and circumstances of the case and in view of period of detention suffered by the petitioner i.e. 87 days and as investigation is complete, we are inclined to grant bail to him.

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 Additional Chief Judicial Magistrate, Kalna, Purba Bardhaman, subject to the condition that the petitioner shall 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 application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)