Bishwadeb Adhikari @ Biswadeb Adhikary v. State Of West Bengal

05.09.2022 Sl. No. 03.

S/L.

Mithun.

Ct.No.42.

CRM(SB)/206/2022 Bishwadeb Adhikari @ Biswadeb Adhikary Vs.

The State of West Bengal.

In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Madhyamgram Police Station Case No.165 of 2019 dated 10.04.2019 under Sections 195A of the Indian Penal Code (G.R. Case No.762 of 2019) Mr.P. Deb, Adv.

Mr. Pabitra Biswas, Adv.

...for the petitioner.

Mr. Prasun Kumar Datta, Adv.

Mr. Nirupam Dhali, Adv.

... for the State.

This is an application for bail under Section 439 of the Code of Criminal Procedure filed by the petitioner who has been apprehended in connection with Madhyamgram Police Station Case No.165 of 2019 dated 10th April, 2019 under Sections 195A of the Indian Penal Code. It is the allegation of the prosecution that the petitioner is threatening the witnesses and resisting them from giving evidence in connection with Noida Police Station Case No.609 of 2017 under Sections 498A/304B of the Indian Penal Code after he was granted bail in the said case.

It is ascertained from the submission made by Mr. Deb, learned Advocate for the petitioner that in connection with S.T. Case No.666 of

2016 arising out of Noida Police Station Case No.609 of 2017, evidence of the witnesses on behalf of the prosecution is closed and the next date is fixed for argument on this day.

In view of such circumstances, the allegation made against the petitioner of threatening the witnesses on behalf of the prosecution in connection with the above-mentioned case has lost its force. Accordingly, I am inclined to release the petitioner on bail. Petitioner may find bail of Rs.10,000/- with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate at Barasat.

The parties shall act upon the server copy of the order ( Bibek Chaudhuri, J. )