Fulchand Ruidas v. State Of West Bengal

76.

23-12-2024 (ct. no.29) debajyoti (allowed) CRM (DB) 3230 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Andal Police Station Case No.495 of 2022 dated 20-122022 under Sections 341/324/307/506 of the Indian Penal Code.

- A n d - In the matter of : Fulchand Ruidas .... Petitioner.

Ms. Sibangi Chottopadhyay, Ms. Momotaj Begam ... For the Petitioner.

Ms. Sonali Das, Mr. Kaustav Banerjee ... For the State.

Dictated by Partha Sarathi Sen, J.

1. It is submitted on behalf of the petitioner that the allegation as made out in the FIR is out and out false and the present accused petitioner has been falsely implicated in this case.

2.

On being asked, learned advocate for the State has handed over the Case Diary containing the injury reports of the victim which show that the injuries of the victim are simple in nature.

3. In view of such, we are inclined to allow the prayer of the petitioner for bail.

4. Accordingly, we direct that the petitioner, namely, Fulchand Ruidas, shall be released on bail upon furnishing a bond of Rs.1000/- (Rupees One Thousand), with one registered surety of like amount, to the satisfaction of learned Judge, Special Court cum Additional District and Sessions Judge, Durgapur. The petitioner shall appear before the trial Court on every date of substantive hearing subject to the Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of December 2024 05:03:13 PM

provisions of Section 317 of the Code of Criminal Procedure and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the local police station and shall report to the Officer-in-Charge of the said police station once in every fortnight until further orders. 5.

In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6.

The application for bail is, thus, allowed.

7.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of December 2024 05:03:13 PM