Suman Biswas v. State Of West Bengal

29.08.2022 sdas allowed CRM(DB) No. 2906 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnaganj Police Station Case No. 101 of 2022 dated 06.04.2022 under Sections 325/326(A)/34 of the Indian Penal Code and charge-sheet submitted under Sections 325/326(A)/34 of the Indian Penal Code.

And In Re : Suman Biswas ...... petitioner Mr. Debasis Kar .....for the petitioner Md. Anwar Hossain Ms. Sreyashee Biswas ..... for the State Learned Counsel for the petitioner submits he is in custody for 143 days. It is also submitted that there was an illicit relationship between the victim and mother of the petitioner. In the course of scuffle, victim was injured.

Learned Counsel appearing for the State opposes prayer for bail.

We have considered materials on record. Incident occurred in the course of a quarrel. On perusal of the medical report we find there is no permanent damage to any organ of the victim. Keeping in mind the aforesaid circumstances and bearing in mind the period of detention suffered by the petitioner, we are inclined in granting bail to him.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of

whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia, on condition that he shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and he shall appear before the trial court on every date of hearing.

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 without further reference to this Court. The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)