Manik Shyamal @ Manik Kumar Shyamal v. The State Of West Bengal

18-09-2024 (ct. no.28) KOLE Allowed CRM (DB) 2342 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the BNSS in connection with Jhargram Police Station Case No. 87 of 2024 dated 23.03.2024 under Sections 370(2)/372/120B/34 of the Indian Penal Code.

- A n d - In the matter of : Manik Shymal @ Manik Kumar Shyamal .... Petitioner.

Mr. Milon Mukherjee, Mr. S. Das Mahapatra, Mr. Supriyo Das, Ms. M. Sinha, ... For the Petitioner.

Mr. B. K. Panda, Ms. C. Dutta, ... For the State.

Order dictated by Apurba Sinha Ray, J.:

1.

Petitioner submits that he is in custody for almost five months. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the submission and countersubmission made by learned Counsel for the parties. We have also considered the FIR and 164 statement of the victim. It appears that there is a serious challenge regarding the identity of the present petitioner. There is no attempt to conduct T.I. parade with the help of the victim.

4.

After considering the materials on record, we find that this is a fit case for granting bail.

5.

Accordingly, we direct that the petitioner, namely, Manik Shymal @ Manik Kumar Shyamal, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount Signed By :

ABHIJIT KOLE High Court of Calcutta 19 th of September 2024 11:00:11 AM

each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Jhargram and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioner 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. The petitioner shall not enter the jurisdiction of Jhargram Police Station except for the purpose of attending court proceeding. 6.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 19 th of September 2024 11:00:11 AM