Mukesh Biswas v. State Of West Bengal

11.11.2024 Ct. No. 28 SL No. 82 SB CRM (DB) 3649/ of 2024 In Re: - An application for bail under Section Section 483 of B.N.S.S., 2023 in connection with Krishnaganj P.S. Case No. 381 of 2023 dated 24.9.2023 under Sections 306/34 of Indian Penal Code. In the matter of: Mukesh Biswas Mr. Prabir Majumder Mr. Snehansu Majumder ...for the Petitioner Mr. Bibaswan Bhattacharyya Mr. Akash Ganguly ....for the State

1. Petitioner submits he is in custody for about 84 days. It is contended that the allegation of blackmailing the victim by threatening to circulate obscene pictures is not corroborated by recovery of such pictures. Investigation is complete. He prays for bail.

2. Learned counsel appearing for the State opposes the prayer for bail. Signed By :

SAURABH BANDYOPADHYA Y High Court of Calcutta 13 th of November 2024 12:34:48 PM

3. We have considered the materials on record. No obscene picture was recovered in the course of investigation. Credibility of the allegation of blackmailing has to be assessed in the light of aforesaid circumstance during trial. Investigation is complete. There is no chance of abscondence. Accordingly, we are inclined to grant anticipatory bail to the petitioner.

4. Accordingly, we direct 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, Nadia at Krishnagar, subject to condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

6. The application for bail is, thus, allowed and disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYA Y High Court of Calcutta 13 th of November 2024 12:34:48 PM