Calcutta High CourtCRM (DB)/2645/2023allowed

Sandip Karmakar v. State Of West Bengal And ANR

2023-07-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

04.07.2023 tkm/ct 28 C.R.M. (DB) 2645 of 2023 sl no. 194 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chhantna P.S case no. 31 of 2023 dated 1.3.2023 under sections 354C/376(2)(ii)/500/506/509 IPC and Allowed In Re : Sandip Karmakar ... petitioner Mr. Soumik Ganguli ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. Aniket Mitra Ms. M Jana ...... for the State Petitioner is in custody for 120 days. It is submitted that there was a relationship between the parties. Investigation is complete. He prays for bail.

Learned lawyer for the State opposes the bail prayer. He submits that the petitioner had threatened the victim that he would upload her obscene pictures on the internet. We have considered the materials on record. No obscene picture of the victim uploaded by the petitioner has been collected during investigation. He is in custody for more than four months. There is no possibility of his abscondence.

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

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, Bankura 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 and

on further condition that petitioner while on bail shall not enter the jurisdiction of Chhantna until further orders and shall report to the officer in charge of the P.S concerned within whose jurisdiction he shall presently reside once in a week until further orders.

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) 2645 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)