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Pankaj Majumdar @ Panka @ Panka … vs Unknown on 26 November, 2019

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144 26.11.2019

rkd Ct. No.28
(Allowed)
C.R.M. 10973 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 22/11/2019 in connection with
Kumarganj P.S. Case No. 97 of 2019 dated 07/05/2019 under
Sections 498A/Section302/Section304B/Section34 of the Indian Penal Code.

And

In the matter of: Pankaj Majumdar @ Panka @ Panka Majumdar
….petitioner.

Mr. K. Chowdhury
…for the petitioner.

Mr. Rana Mukherjee,
Mr. S. Chatterjee
…for the State.

Petitioner is in custody for 201 days and he has been

falsely implicated in the instant case. It is further submitted that

there is no direct evidence connecting the petitioner with the

alleged crime.

Learned counsel appearing on behalf of the State opposes

the prayer for bail and submits that petitioner had manhandled

the victim who subsequently died due to poisoning.

Having considered the materials in the case diary and

bearing in mind the nature of allegations and in view of the

period of detention suffered by the petitioner and as there is no

direct evidence connecting the petitioner with the alleged crime

and as investigation is complete, we are inclined to grant bail to

the petitioner.

Accordingly, the petitioner is directed to 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, Dakshin Dinajpur

subject to the condition that during bail he shall appear before

the learned trial court regularly till disposal of the trial and he

shall not intimidate witnesses or tamper with evidence in any
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manner whatsoever.

In the event the petitioner fails to comply with the

conditions as enshrined hereinbefore, it is open to the trial court

to cancel the bail without any further reference to this Court.

The application for bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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