Sudip Panja v. The State Of West Bengal

23.08.2023 Sl. No.39 akd [ALLOWED] C. R. M. (DB) 3305 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.08.2023 in connection with Haripal Police Station Case No.62 of 2023 dated 11.02.2023 under Sections 406/409/420 of the Indian Penal Code.

And In Re: Sudip Panja ... ... Petitioner Mr. Soumik Ganguli Mr. Sourat Nandy ... ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Paramanick ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 104 days. It is further submitted he has been falsely implicated. Investigation is complete. Accordingly, he prays for bail.

2. Learned Additional Public Prosecutor opposes the prayer for bail and submits petitioner was the Customer Relationship Officer and had misappropriated amount to the tune of Rs.11,20,452/-.

3. We have considered the materials on record. Allegation of misappropriation by the petitioner requires to be assessed during trial. Investigation is complete. There is no possibility of the petitioner absconding. 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.

4. Therefore, the accused/petitioner, namely Sudip Panja, 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,

Hooghly 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.)