Chhabi Dehuri v. State Of West Bengal

29.09.2022 sdas allowed CRM(DB) No. 3368 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nayagram Police Station Case No. 74 of 2022 dated 03.07.2022 under Sections 448/323/324/326/307 of the Indian Penal Code. And In Re : Chhabi Dehuri ...... petitioner Mr. Sandipan Ganguly, Sr. Adv.

Mr. Dipanjan Dutt .....for the petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ..... for the State Learned Counsel appearing for the petitioner submits he is in custody for 90 days. Investigation is complete. He prays for bail.

Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Whether the petitioner intended to murder the victim may be assessed during trial. However, balancing the nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to him. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.2,000/-(Rupees two Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhargram, subject to the condition that

the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)