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Calcutta High CourtCRM (DB)/2639/2022allowed

Brindaban Rajwar v. State Of West Bengal

2022-08-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

05.08.2022.

24.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2639 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Para P. S. Case No.44 of 2022 dated 02.04.2022 under Sections 363/365 of the Indian Penal Code.

In the matter of : Brindaban Rajwar.

.... Petitioner.

Mr. Dibyendu Chatterjee, Ms. Reshmi Ghosh.

...for the Petitioner.

Mr. Ranabir Roy Chowdhry, Mr. Sandip Chakraborty.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 120 days. It is submitted investigation is complete.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the victim girl. Her statement is exonerative in nature. In view of the aforesaid facts, period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioners. Accordingly, 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,

Raghunanthpur, Purulia subject to condition that he 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 the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)