Nanda Maity @ Nandadulal @ Nandalal Maity And ANR v. State Of West Bengal

17.08.2023 D/L 44 Ct. No.28 Allowed (SKB) CRM (DB) 3231 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Kolaghat P.S. Case No.410 of 2023 dated 04.07.2023 under Sections 341/323/325/307/506/34 of the Indian Penal Code (G.R. Case No.2146 of 2023) And In the matter of : Nanda Maity @ Nandadulal @ Nandalal Maity and another ... Petitioners Mr. Sabir Ahmed, Mr. Bhaskar Hutait ... for the petitioners Mr. P. K. Datta, APP, Mr. Santanu Deb Roy ... for the State

1. Petitioners submit that there was a fight amongst neighbours.

They have been falsely implicated.

Investigation is complete. They pray for bail.

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

3. We have considered the materials on record. Whether the injury is life threatening may be assessed during trial. Keeping in mind the aforesaid fact and period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners.

4. Therefore, the petitioners namely Nanda Maity @ Nandadulal @ Nandalal Maity and Radha Bera @ Radhe Bera @ Radheshyam Bera be released on bail upon

furnishing a bond of Rs.10,000/-(Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Purba Medinipur subject to condition that the said petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

6. The application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)