Sankar Modak v. State Of West Bengal

25.08.2022 cm/ct 28 C.R.M. (DB) 2857 of 2022 sl no. 14 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranaghat P.S. Case No. 398 of 2022 dated 5th June, 2022 under Section 392 adding Section 394/412 of the Indian Penal Code 1860.

Allowed In Re : Sankar Modak.

petitioner Ms. Sananda Bhattacharyya ...... for the petitioner Ms. Zareen N. Khan Md. Kutubuddin ...... for the State Petitioner is in custody for 76 days. It is submitted that she 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. Injuries on the victim are minor in nature. Apart from a thousand rupee note no other article was recovered from the petitioner. Under such circumstances, we are of the opinion he may be granted bail, however, 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia 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 petitioner shall meet the Investigating Officer once in a week or 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) No. 2857 of 2022 is disposed of.

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