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Calcutta High CourtCRM/6032/2021allowed

Biswajit Dutta v. State Of West Bengal

2021-09-16Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

16.09.2021 Item no.15 Aloke Through Video Conference Ct. No.29 C.R.M. 6032 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.09.2021 in connection with Teherpur P.S. Case No. 122 of 2021 dated 07.06.2021 under Sections 417/376/323 of the Indian Penal Code. And In the matter of : Biswajit Dutta ... Petitioner Mr. Kallol Mondal, Advocate Mr. Amanul Islam, Advocate Ms. Amrita Chel, Advocate ... for the Petitioner Mr. Imran Ali, Advocate Ms. Sutapa Banerjee, Advocate ... for the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that there was a long-standing relationship between the de facto complainant and the petitioner. The petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Code of Criminal Procedure.

Considering the statements recorded under Section 164 of the Code of Criminal Procedure and the facts and circumstances of the case, we are inclined to grant bail to the petitioner.

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, Ranaghat, Nadia, subject to condition that the petitioner shall appear before the jurisdictional 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 jurisdiction court without any justifiable cause, the jurisdictional 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 allowed.

C.R.M. 6032 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)