Calcutta High CourtCRM (DB)/4218/2023allowed

Samadulla Sk v. State Of West Bengal

2023-11-02Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

D/L. 46.

November 2, 2023 rp/gc CRM (DB) 4218 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khargram Police Station Case No. 63 of 2023 dated 27.02.2023 under Sections 489B/489C/120B of the Indian Penal Code. And In the matter of: Samadulla Sk .... Petitioner Mr. Sudip Deb, Mr. Joy Chakraborty, Ms. Ipsita Ghosh ... for the Petitioner.

Mr. P.K. Datta, Ld. A.P.P., Mr. Santanu Deb Roy ... for the State.

1. Learned Counsel for the petitioner contends that the petitioner has been indicted on the basis of the statement of a co-accused person and there is nothing against the petitioner in the charge-sheet.

2. Learned A.P.P. appearing for the State, in his usual fairness, admits to the extent that the petitioner has been indicted on the basis of the statement of a co-accused person. However, learned A.P.P. submits that stringent conditions may be imposed if bail is granted to the petitioner.

3. We find upon hearing learned Counsel for the parties that sufficient case for grant of the benefit of bail has been made out by the petitioner. Moreover, since none of the allegedly fake currencies have been recovered from the petitioner, we are inclined to grant bail.

4. Accordingly, CRM (DB) 4218 of 2023 is allowed, granting bail to the petitioner on condition of furnishing bond of Rs.10,000/- with two sureties

of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kandi.

5. Moreover, the petitioner shall not leave the territorial jurisdiction of the trial court during the entire period of trial and shall attend each and every date of trial and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to any police officer or the court and/or tamper with the evidence in any manner whatsoever.

6. In default of compliance of any of the above conditions, the bail granted to the petitioner shall stand automatically vacated. (Sabyasachi Bhattacharyya, J.) (Partha Sarathi Chatterjee, J.)