Subhasish Pati And ANR. v. State Of West Bengal

10.08.2021 rrc CRM 5123 of 2021 In re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

In the matter of : Subhasish Pati & Anr.

..... petitioners Mr. Soumyajit Das Mahapatra ....For the petitioners Mr. Rana Mukherjee Ms. Sujata Das Ms. Debjani Sahoo .....For the State Mr. Somnath Adhikary .....For the de-facto complainant It has been submitted by the learned advocate for the petitioners that the petitioners are in custody for about thirtyfour days. It has further been submitted that the disputes between the parties have been settled and the petitioners have agreed to pay Rs.12,00,000/- in installments to the de-facto complainant and the first installment of Rs.4,00,000/- has already been paid.

Mr. Somnath Adhikary, learned advocate appearing for the de-facto complainant, does not oppose the prayer for bail and he also submits that there is a settlement arrived at between the parties.

Mr. Rana Mukherjee, learned advocate appearing for the State submits that the money was paid on the false promise of admission in a medical college, and the money trail reveals that a sum of Rs.12,00,000/- was paid by the petitioners to the defacto complainant.

Since the disputes between the parties have been amicably settled and having regard to the period of detention of the petitioners, I am of the view that the petitioners should be enlarged on bail.

The petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Chief Judicial Magistrate, Jhargram and subject to the condition that they shall meet the investigating agency once a fortnight until further order.

The application being CRM 5123 of 2021 is allowed. All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)