Kiriti Krishan Ghosh v. State Of West Bengal And ORS.

02.12.2020 ss Allowed C.R.M. 9593 of 2020 (Through Video Conference) In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Narayanpur P.S. Case No. 42 of 2018 dated 18.12.2018 under sections 420/406/120B/467/471 of the Indian Penal Code and section 3(1)(q) of the Schedule Caste and Schedule Tribe (POA) Act.

And In the matter of : Kiriti Krishna Ghosh Mr. Milan Kumar Maity ... ... for the petitioner Mr. Madhusudan Sur, APP Mr. Dipankar Paramanick ... ... for the State It is submitted on behalf of the petitioner that he is in custody for 71 days and investigation is complete. Alleged forged document has already been recovered.

Learned lawyer for the State opposes the prayer for bail and submits that the petitioner had conspired to convey the land belonging to the Transport Department, Government of West Bengal.

We have considered the materials on record. Although the allegations are serious, we note that the alleged forged document is already in custody of the investigating agency and investigation is complete.

Under the facts and circumstances of the case and period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, 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, Barasat, North 24-Parganas subject to the condition that the petitioner 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. In the event the petitioner fails to do so without justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this court.

The application for bail is, thus, allowed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)