Monotosh Karmakar v. State Of West Bengal

22.12.2023 sdas allowed CRM(DB) No. 4755 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali Police Station Case No. 262 of 2023 dated 23.03.2023 under Sections 409/406/465/468/471/120B of the Indian Penal Code.

And In Re : Monotosh Karmakar ...... Petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ....for the petitioner Mr. Shibaji Kumar Das .... for the State 1.

Learned Counsel for the petitioner submits he is in custody for 275 days. It is also submitted investigation is complete. There is no chance of abscondence. He prays for bail. 2.

Learned Counsel for the State opposes the bail prayer and submits report of the hand-writing expert is awaited.

3. We have considered the materials on record. Investigation is substantially complete. Petitioner is in custody for 275 days. Further detention for progress of investigation is not necessary. Accordingly, we are inclined to grant bail to the petitioner.

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, Nadia at Krishnanagar, subject to conditions that 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.)