Dipak Gayali v. State Of West Bengal

30.09.2022 tkm/ct 28 C.R.M. (DB) 3487 of 2022 sl no. 67 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S case no. 780 of 2022 dated 8.8.2022 under sections 341/376D/292/506/120B of the IPC and Allowed In Re : Dipak Gayali ...... petitioner Ms. M Gomes ...... for the petitioner Mr. Joydeep Roy Mr. Amanul Islam ...... for the State We have considered materials on record including the statement of the victim girl. The victim has implicated co-accused Nitish in the offence of rape. Petitioner was not present in the room where the incident occurred.

In view of the extent of complicity of the petitioner in the alleged crime and the period of detention suffered by him, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM Ranaghat, Nadia on condition that the petitioner shall appear before the trial court on every date of hearing 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 being CRM (DB) 3487 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)