Debu Naskar @ Debkumar Naskar v. State Of West Bengal
04.07.2023 Sl. No.89 akd [ALLOWED] C. R. M. (DB) 2535 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.06.2023 in connection with Joynagar Police Station Case No.268 of 2017 dated 21.02.2017 under Sections 365/368 of the Indian Penal Code and subsequently charge sheet submitted under Sections 365/368/370A of the Indian Penal Code. And In Re: Debu Naskar @ Debkumar Naskar ... ... Petitioner Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... ... for the petitioner Mr. Abhra Mukherjee Mr. Dipankar Mahata ... ... for the State It is submitted on behalf of the petitioner that the victim has not implicated him in the offence of trafficking. Accordingly, he prays for bail.
Learned Advocate for the State opposes the prayer for bail. We have perused the evidence of the victim. Victim did not name the petitioner neither has she identified him in court. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Debu Naskar @ Debkumar Naskar, 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, South 24-Parganas at Alipore 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)