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Calcutta High CourtCRM (DB)/3127/2022allowed

Manik Dhali @ Manick Dhali v. State Of West Bengal

2022-09-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

16.09.2022 Sl. No.17 akd [ALLOWED] C. R. M. (DB) 3127 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.09.2022 in connection with Dhantala Police Station Case No.

dated 13.12.2019 under Sections 341/325/326/506/307 of the Indian Penal Code. And In Re: Manik Dhali @ Manick Dhali ... ... Petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey ... ... for the petitioner Ms. Zareen N. Khan Mr. Arup Sarkar ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 50 days. It is further submitted incident occurred in course of a sudden quarrel and petitioner has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record including the injury report. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Manik Dhali @ Manick Dhali, 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, Ranaghat, Nadia 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. 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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)