Jadunath Paul v. State Of West Bengal

13.07.2022 Sl. No.21 akd [ALLOWED] C. R. M. (DB) 2252 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.07.2022 in connection with Manbazar Police Station Case No. 23 of 2022 dated 16.03.2022 under Sections 498A/302 of the Indian Penal Code and charge-sheeted under Sections 498A/306 of the Indian Penal Code. (G.R. Case No.527 of 2022) And In Re: Jadunath Paul ... ... Petitioner Mr. Mani Sankar Chattopadhyay ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about four months. It is further submitted petitioner has been falsely implicated in the instant case.

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

We have considered the materials on record. Allegations of torture are general and omnibus in nature. Keeping in mind the facts and circumstances of the case, period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Jadunath Paul, 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 Chief Judicial Magistrate, Purulia subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders

and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)