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Calcutta High CourtCRM (DB)/4054/2022allowed

Kartick Debnath v. State Of West Bengal

2022-11-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

21.11.2022 Sl. No.41 akd [ALLOWED] C. R. M. (DB) 4054 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.11.2022 in connection with Kaliganj Police Station Case No.

of dated 30.05.2013 under Sections 366/379/420/34 of the Indian Penal Code.

And In Re: Kartick Debnath ... ... Petitioner Mr. Soumyajit Das Mahapatra Mr. Amanul Islam Mr. Sourav Mukherjee ... ... for the petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 35 days. Co-accuseds have been granted pre-arrest bail. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Co-accuseds similarly circumstanced with the petitioner have been granted pre-arrest bail. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Kartick Debnath, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition that the said petitioner 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 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 for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)