Pankaj Samanta v. State Of West Bengal

29.09.2022.

as/tkm (Allowed) C.R.M. (DB) 3444 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chandipur P. S. Case No.261 of 2022 dated 20.07.2022 under Sections 498A/304B/302/34 of the Indian Penal Code.

In the matter of : Sri Pankaj Samanta.

.... Petitioner.

Mr. S. Mandal, Mr. A. Dan, Mr. N. Samanta.

...for the Petitioner.

Mr. S. G. Mukherjee, ld. P.P., Mr. A. Mitra, Ms. Jonaki Saha.

...for the State.

Petitioner is the father-in-law of the victim housewife. He submits incident occurred four years after marriage. He has been falsely implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the mother of the housewife recorded under Section 164 of the Code of Criminal Procedure. Allegation against the father-in-law of the victim i.e. the petitioner are general and omnibus in nature.

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

Accordingly, the petitioner 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, Purba Medinipur subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses 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 his bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)