Bulan Dam Kundu v. The State Of West Bengal

11.07.2023 Item no.20 Court No.1.

AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (DB) No. 376 of 2023 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No.39 of 2023 Dated 10.01.2023 under Section 120B/467 468/471/420/403 of the Indian Penal Code And In the matter of : Smt. Bulan Dam Kundu ......Petitioner.

Mr. Mayank Roy, Mr. Subham Ghosh ......for the Petitioner.

Mr. A. S. Chakraborty, ld. APP Mr. Kallol Nag ......for the State.

Heard learned Advocate for the petitioner and learned Advocate for the State at length.

We have also perused the entire material in the case diary including the written complaint wherefrom it appears that the allegation as made out in the first information report is practically civil in nature.

Investigation has progressed substantially.

Such being the position, we are inclined to allow the prayer of the petitioner.

Accordingly, we direct that the petitioner, namely Smt. Bulan Dam Kundu shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount

each, to the satisfaction of the learned Chief Judicial Magistrate, Cooch Behar and on further condition that the petitioner shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.)