Pappu Ansari v. State Of West Bengal

18.12.2020 Sl. No.46 akd [ALLOWED] C. R. M. 10516 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.12.2020 in connection with Harishchandrapur Police Station Case No. 485 of 2020 dated 28.07.2020 under Sections 498A/306 of the Indian Penal Code. (G.R. Case No.1493 of 2020) And In Re: Pappu Ansari ... ... Petitioner Mr. Arup Sarkar .. Advocate ... ... for the petitioner Mrs. Sukanya Bhattacharyya .. Advocate Md. Kutubuddin .. Advocate ... ... for the State We have considered the materials on record. Allegation of physical assault on the victim is not supported by any injury in the postmortem report. In view of the facts and circumstances of the case, period of detention suffered by the petitioner i.e. 135 days and as investigation is complete, we are of the opinion that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Pappu Ansari, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda subject to condition that the said 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 he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

The application for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)