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Calcutta High CourtCRM (DB)/3383/2022allowed

Tairul Baidya Alias Taharal Baidya v. State Of West Bengal

2022-09-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

29.09.2022 dd/ct 28 C.R.M. (DB) 3383 of 2022 sl no. 70 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dholahat P.S case no. 217 of 2013 dated 15.06.2013 under sections 363/365/370/34 of the IPC charge sheet submitted under Section 363/365/370 of the IPC corresponding to ST NO. 7(02) of 2019.

and Allowed In Re : Tairul Baidya alias Taharal Baidya alias Taharul Baidya ...... petitioner Mr. Gouranga Kr. Das, Ms. Swati Mondal, ...... for the petitioner Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguly, ...... for the State Petitioner renews the prayer for bail. He submits that the victim lady has not supported the prosecution case in Court. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Statement of the victim lady examined as PW 1 is exonerative in nature. In view of the aforesaid circumstance, 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 Additional Chief Judicial Magistrate, Kakdwip, South 24 Parganas 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 C.R.M. (DB) 3383 of 2022 is disposed of.

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