Budo Malik v. The State Of West Bengal

18-11-2024 (ct. no. 29) KOLE Allowed CRM (DB) 2789 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Balagarh Police Station Case No. 228 of 2024 dated 16.05.2024 under Sections 498A/406/304B/34 of the Indian Penal Code. - A n d - In the matter of : Budo Malik .... Petitioner.

Mr. Suman Chakraborty, ... For the Petitioner.

Mrs. Minoti Gomes, Mr. Saptarshi Chakraborty, ... For the State.

Order dictated by Apurba Sinha Ray, J.:

1.

Learned Counsel for the petitioner submits that the petitioner is in custody for 187 days. Charge sheet has been submitted and there is no need for further detention of the present petitioner in judicial custody.

2.

Learned Counsel for the State opposes the bail prayer. However, he has left the matter to the discretion of the Court. 3.

We have considered the materials on record and the case diary. It appears that another accused has already been granted anticipatory bail. The investigation of this case is complete and there is no need for further detention of the present petitioner in the custody.

4.

Accordingly, we direct that the petitioner, namely, Budo Malik, 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 Chief Judicial Magistrate, Hooghly subject to condition that he shall appear before Signed By :

ABHIJIT KOLE High Court of Calcutta 19 th of November 2024 11:42:12 AM

the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall not leave the jurisdiction of the concerned police Station shall meet the officer-in-charge of the concerned police station once in a fortnight until further orders.

5.

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.

6.

The application for bail is, accordingly, allowed. 7.

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

ABHIJIT KOLE High Court of Calcutta 19 th of November 2024 11:42:12 AM