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Calcutta High CourtCRM (DB)/4798/2023allowed

Goutam Das v. State Of West Bengal

2024-01-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

03.01.2024.

27.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4798 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chandannagar P.S. Case No.145 of 2023 dated 17.09.2023 under Sections 420/406/467/468/471/506/34 of the Indian Penal Code. In the matter of : Goutam Das.

.... Petitioner.

Mr. Suman Chakraborty.

...for the Petitioner.

Mrs. Anasuya Sinha, Mr. Dipankar Mahata.

...for the State.

1.

Learned Counsel for the petitioner submits petitioner is in custody for about 66 days. Investigation is complete. He contends he is a relation of the principal accused. Accordingly, he prays for bail.

2.

Learned Advocate for State opposes the bail prayer. She contends petitioner had aided and abetted the principal accused in demanding money for illegally procuring gun licence.

3.

We have considered the materials on record. Initial statement of the victim did not implicate the petitioner in inducing the victim to pay money for procuring gun licence. It is contended the alleged seizure of money from his residence relates to licit business transactions. Investigation is complete. 4.

Under such circumstances and keeping in mind the extent of complicity of the petitioner in the crime, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Goutam Das 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 Additional Chief Judicial Magistrate, Chandannagar, Hooghly subject to condition that he 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. 6.

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

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)