Chiranjib Roy@Guddu v. State Of West Bengal

23.09.2021 Serial no. 15 Aloke (Through Video Conference) CRM 6214 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 08.09.2021 in connection with Dum Dum Police Station Case No. 704 of 2020 dated 13.10.2020 under Section 302/201 of the Indian Penal Code.

And In the matter of : Chiranjib Roy @ Guddu

...Petitioner

Md. Sarwar Jahan, Advocate Mr. Maidul Islam Kayal, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Advocate Mr. Bitasok Banerjee, Advocate ... ...For the State Petitioner seeks bail Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. There is no material evidencing against the petitioner. There was a love affairs between the petitioner and the victim.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report and to the statement recorded under Section 161 of the Code of Criminal Procedure. In answer to the query from the Court he submits that the police submitted charge-sheet. He also draws the attention of the Court to the fact that death was due to strangulation by ligature wire. The ligature wire was recovered pursuant to the leading statement made by the petitioner. Considering the materials in the case diary and considering the fact that the police submitted charge-sheet, 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, Barrackpore, North 24 Parganas, 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 jurisdictional 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.

CRM 6214 of 2021 is disposed of.

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