Sukhendra Nath Banik v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 18.08.2023 Court No.1 Item. 18 (sg/cm) CRM(DB) 474 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Alipurduar Police Station Case No. of dated 15.11.2022 under Sections 447/323/325/326/307/354/506/34 of the Indian Penal Code. And In the matter of:

SUKHENDRA NATH BANIK . .. . . . . .Petitioner.

Ms. Sunandita Banik (in person) For the Petitioner.

Mr. Nilay Chakraborty Mr. Arjun Chowdhury For the State.

1.

We have considered the medical report/ injury report which shows that the injury suffered by the de-facto complainant is simple in nature. It is also admitted that the dispute between the petitioner and the de-facto complainant who are family members relates to a dispute with regard to property and cases/ counter-cases have been filed by one party against the other.

2.

The facts persuade us to grant the prayer for bail. 3.

The petitioner is represented by his daughter who has argued the case before us.

4.

The petitioner shall accordingly 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 who must be local, to the satisfaction of the

Learned CJM, Alipurduar. The petitioner shall not induce witnesses or influence them or tamper with the evidence. The petitioner shall also make themselves available for the trial as and when the petitioner is required and shall also not leave the jurisdiction of the concerned police station without leave of the concerned authorities. 5.

CRM(DB) 474 of 2023 is accordingly allowed and disposed of in terms of the above.

(PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)