Rabin Rajak v. State Of West Bengal

17.08.2023 Sl. No.35 akd [ALLOWED] C. R. M. (DB) 3221 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.08.2023 in connection with Hirbandh Police Station Case No.40 of 2023 dated 13.06.2023 under Sections 341/324/307/506/34 of the Indian Penal Code. (Khatra G.R. Case No.493 of 2023) And In Re: Rabin Rajak ... ... Petitioner Mr. Arkaprabho Roy ... ... for the petitioner Mr. Joydeep Roy .. Jr. Govt. Advocate Ms. Sujata Das ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 64 days. Case and counter-case had been registered. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. There was a dispute between the family members. Case and counter-case had been registered. 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.

4. Therefore, the accused/petitioner, namely Rabin Rajak, 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, Khatra, Bankura 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)