Deepak Kumar v. State Of West Bengal

24.08.2022 cm/ct 28 C.R.M. (DB) 2837 of 2022 sl no. 28 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Jamuria P.S. Case No. 86 of 2022 dated 22.02.2022 under Sections 363/365 of the Indian Penal Code. Allowed In Re : Deepak Kumar.

..... petitioner Mr. Apurba Kumar Datta ...... for the petitioner Mr. Bidyut Kumar Roy Ms. Sima Biswas ...... for the State Petitioner is in custody for 182 days. 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. Victim has been recovered.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to him.

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 Chief Judicial Magistrate, Asansol, paschim Bardhaman 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) No. 2837 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)