Calcutta High CourtCRM/8774/2021allowed

Kanchan Maiti v. State Of West Bengal

2021-12-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

23.12.2021 Serial no. 81 Dd (Through Video Conference) CRM 8774 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Nandakumar Police Station Case No. 147 of 2020 dated 17.05.2020 under Sections 498A/306/120B/34 of the Indian Penal Code.

-AndIn the matter of : Kanchan Maiti ... ...Petitioner Mr. Ritam Chowdhury, Mr. A. Agarwal, Advocates ... ... For the Petitioner Mr. S. S. Imam, Mr. Arabinda Manna, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the police filed charge sheet. Considering the period of detention of the petitioner and the fact that police filed charged sheet, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Initially the case was started, inter alia, under Section 302 of the Indian Penal Code. Subsequently, charge sheet, inter alia, 306 of the IPC was filed.

Considering the gravity of the offence, the period of detention and the complicity of the petitioner in the incident, we are inclined to grant bail to the petitioner. 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, Tamluk subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail is allowed.

CRM 8774 of 2021 disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)