Calcutta High CourtCRM (DB)/4670/2023allowed

Shefali Chakraborty v. The State Of West Bengal

2023-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

20.12.2023 sdas allowed CRM(DB) No. 4670 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 698 of 2022 dated 28.09.2022 under Sections 406/467/468/471 of the Indian Penal Code.

And In Re : Shefali Chakraborty ...... Petitioner Mr. Amitabha Ghosh ....for the petitioner Ms. Z. N. Khan Mr. Amanul Islam .... for the State 1.

Learned Counsel for the petitioner submits he had lodged complaint alleging personal assistant of Superintendent of Police had taken money for giving employment. In retaliation he has been falsely implicated. Hence, he prays for bail. 2.

Learned Counsel for the State opposes the bail prayer.

3. We have considered the materials on record. It is alleged petitioner had taken money to give employment in 2012 but the FIR came to be registered in 2022. Possibility of false implication on the score he had lodged complaint against an employee attached to the Superintendent of Police cannot be ruled out. Under such circumstances, we are inclined to grant bail to the petitioner subject to condition.

4. Accordingly, we direct that 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, Dakshin Dinajpur, on further condition that the petitioner shall meet the investigating officer of the concerned police station once in a week until further orders. Petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to appear before the trial court without justifiable cause, 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, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)