Kalipada Biswas v. State Of West Bengal

30.08.2022 Sl. No.15 akd [ALLOWED] C. R. M. (DB) 2920 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.08.2022 in connection with Hanskhali Police Station Case No.650 of 2022 dated 02.07.2022 under Sections 448/354A/354B/354/325/326/307/34 of the Indian Penal Code. And In Re: Kalipada Biswas ... ... Petitioner Ms. Sananda Bhattacharyya ... ... for the petitioner Mr. Binay Panda Ms. Puspita Saha ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 43 days. It is further submitted there was a free fight. Case and counter-case were registered. Petitioner also suffered injuries. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegation of attempt to murder requires to be assessed in the light of the aforesaid submissions made on behalf of the petitioner. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Kalipada Biswas, 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the said petitioner

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 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 for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)