Sk Asitul @ Asitul v. State Of West Bengal And ANR

24.07.2023 sdas allowed CRM(DB) No. 2913 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 180 of 2023 dated 17.05.2023 under Sections 195A/323/363/365 of the India Penal Code and added Section 376D of the Indian Penal Code.

And In Re : Sk. Asitul @ Asitul ...... petitioner Mr. Rana Mukhopadhyay Mr. Rhiddhiman Mukherjee ....for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra .... for the State Learned Counsel for the petitioner submits he had been granted anticipatory bail. Subsequently he was falsely implicated in the case. He prays for bail.

Learned Counsel for the State opposes the prayer for bail and submits petitioner had misused his liberty and kidnapped the victim.

We have considered the materials on record. Petitioner was granted anticipatory bail in the earlier case registered by the victim. In the present case it is alleged he had kidnapped the victim. Petitioner strenuously denies the allegation and submits subsequent case was lodged to circumvent the order of anticipatory bail passed by this Court. Keeping in mind the aforesaid submission we are of the opinion though further detention is not necessary his movement requires to be restricted

in order to instill confidence in the mind of the victim and other witnesses.

Accordingly, we direct that the petitioner shall 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 Additional Chief Judicial Magistrate, Chanchal, Malda, on further conditions that the petitioner shall not enter the jurisdiction of Pukhuria Police Station except for the purpose of attending court proceedings and shall provide the address where he shall presently reside to the investigating agency as well as court below and shall meet the Officer-inCharge of the concerned police station within whose jurisdiction he shall presently reside once in a week until further orders. He shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)