Calcutta High Court (Appellete Side)
Debabrata Kundu & Ors vs Unknown on 20 March, 2019
1 20.03.2019
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17. as (Allowed) C.R.M. 885 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.01.2019 in connection with Basirhat P.S. Case No.554 of 2018 dated 25.09.2018 under Sections 448/380/323/327/506/34 of the Indian Penal Code and adding Section 14 of the Foreigners Act. In the matter of : Debabrata Kundu & Ors.
... Petitioners.
Mr. Jayanta Narayan Chatterjee, Mr. Nazir Ahmed, Mr. Supreem Naskar.
...for the Petitioners.
Mr. Rana Mukherjee, Ms. Sukanya Bhattacharya.
...for the State.
Mr. Kallol Kumar Basu.
....for the de-facto complainant.
Pursuant to the earlier order dated 6.3.2019 passed by this Court, Officer-in-charge, Basirhat Police Station is present in Court today. His presence is noted and dispensed with.
Heard the learned Counsels appearing on behalf of the parties. It is submitted on behalf of the petitioners that they are the Indian nationals and the first information report had been registered at the behest of the de-facto complainant who has inimical relation with them.
2Learned Advocate appearing for the State opposes the prayer for bail and submits report wherefrom it appears that no specific response has been obtained from the High Commissioner, Bangladesh with regard to the nationality of the petitioners.
Learned Advocate appearing for the de-facto complainant also opposes the prayer for bail.
We have considered the materials on record in the light of the submission relating to pre-existing enmity between the petitioners and the de-facto complainant. We also note that there is no clear opinion from the appropriate authority with regard to the nationality of the petitioners.
Under such circumstances, we are inclined to enlarge the petitioners on bail, however, subject to strict conditions.
Accordingly, the petitioners, namely, Debabrata Kundu, Shilarani Kundu @ Shila Das and Krishnarani Dutta @ Krishna Dutta shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat, North 24-Paraganas subject to condition that the petitioners 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 and on further condition that the petitioners shall not leave the jurisdiction 3 of the district of North 24-Paraganas except for the purpose of attending court proceedings and shall report to the Officer-in-charge, Basirhat Police Station once in a week until further orders and/or shall not commit similar offences in future.
In the event the petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.
The application, being C.R.M.885 of 2019, is disposed of. (Manojit Mandal,J.) (Joymalya Bagchi, J.)