Judgment · High Court

Mr. Debashis Banerjee Mr. Kartik Kr. Ray Mr. Rakesh Jana ... for the Petitioner. Mr. Sanjoy Bardhan Mr. Saptarshi Chakraborty ... for the State. Heard learned counsels for the parties. The petitioner is in custody for more than 50 days and prays for bail. Learned counsel for the petitioner submits that the de facto complainant being a practising advocate of Tehatta Court has lodged this false complaint against the petitioner and another to wreck vengeance against them. The local bar took a resolution not to support the petitioner for which the petitioner was unable to get the assistance of any learned advocate before Tehatta Court. Learned counsel submits that the petitioner may be released on personal bond since he shall not be able to arrange any surety at Tehatta. Learned counsel for the State opposes the prayer. I have considered the material on record. The de facto complainant was not examined medically. Therefore no 2 injury is found on record. Two witnesses whose statements have been recorded under Section 161 of the Code of Criminal Procedure are the law clerk and a client of the de facto complainant who, for obvious reasons, have supported the case of the de facto complainant. Considering the material on record, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail. Accordingly, prayer for bail is allowed. The petitioner namely Anup Biswas @ Anup Kr. Biswas be released on bail upon furnishing personal bond of Rs.5,000/- (Rupees Five Thousand only), to the satisfaction of the learned Additional Chief Judicial Magistrate, Tehatta, Nadia subject to condition that he shall co operate in investigation of the case. The application for bail is thus disposed of. Case Diary be returned. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)