Mamata Maity v. State Of West Bengal

18.07.2022 tkm/ct 28 C.R.M. (DB) 2362 of 2022 sl no. 45 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Polba P.S Case no. 80 of 2022 dated 11.5.2022 under sections 363/364A IPC And Allowed In Re : Mamata Maity ........ petitioner Mr. Sanat Kr. Das Mr. Sujan Chatterjee ......for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...... for the State Petitioner is in custody for 67 days. It is submitted he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the statements of the victim and his driver recorded under section 164 Cr.P.C. The said witnesses stated two women along with others had abducted the victim. However, names of the said women have not been stated in the said statements. Petitioner had not been put up for test identification parade.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Hooghly at Chinsurah on condition that the petitioner shall appear before the trial court on every date of hearing 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 being CRM (DB) 2362 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)