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Calcutta High CourtCRM (DB)/2637/2024allowed

Kartick Jammadar @ Kartick Jamader v. The State Of West Bengal And ANR.

2024-08-29Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray3 pages

29.08.2024 Item no. 69.

Court No.28.

AB (Allowed) CRM (DB) 2637 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur Police Station Case No.506 of 2024 Dated 21.04.2024 under Section 498A/376/511/506/34 of the Indian Penal Code And In the matter of : Kartick Jammadar @ Kartick Jamader ......Petitioner.

Mr. Khalid Hasan ......for the Petitioner.

Ms. Sreyashee Biswas, Ms. Puspita Saha ......for the State.

Dictated by Arijit Banerjee, J.

1.

Service report filed by the State be kept with the records. In spite of service, nobody appears for the defacto complainant/victim.

2.

The petitioner says that on the basis of false allegations, he has been framed. He is in custody for 70 days. Investigation is complete.

His further custodial detention is not necessary.

3.

Learned Advocate for the State, while opposing the prayer for bail, draws our attention to the relevant material in the case diary including the statement of the victim lady recorded under Section 164 Cr.P.C. The victim lady is the daughter in law of the petitioner. Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 30 th of August 2024 10:42:35 AM

4.

We have considered the material on record. On an overall assessment of the material available and since investigation is complete, in our view, further custodial detention of the petitioner is not necessary. 5.

Accordingly, we direct that the petitioner, namely, Kartick Jammadar @ Kartick Jamader shall be released on bail upon furnishing a bond of Rs.10,000/-, 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, and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. 6.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

7.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

8.

The application for bail is, accordingly, allowed.

9.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)