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Calcutta High CourtCRM (DB)/3320/2022allowed

Parimal Samajpati v. State Of West Bengal

2022-09-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

28.09.2022 tkm/ct 28 C.R.M. (DB) 3320 of 2022 sl no. 55 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tehatta P.S case no. 409 of 2022 dated 25.5.2022 under sections 498A/326B/506/34 of the IPC and Allowed In Re : Parimal Samajpati ...... petitioner Mr. Sabir Ahmed, Mr. D Mandal Mr. A A Mondal ...... for the petitioner Mr. Pravas Bhattacharjee Mr. Suman Saha ...... for the State It is submitted on behalf of the petitioner that there is a matrimonial dispute between the parties. He has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record. Allegation of grievous injury by acid burn is not supported by medical evidence. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner, however, subject to conditions. 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, Tehatta, 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 and on further condition that the petitioner while on bail shall not enter the jurisdiction of Tehatta P.S until further

orders except for purpose of investigation and attending court proceeding and shall provide address where she shall presently reside to the investigating officer as well as to the court below and shall report to the officer in charge of the P.S concerned within whose jurisdiction he shall presently reside once in a week until further orders.

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) 3320 of 2022 is disposed of.

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