CRM (DB)/4658/2022 of NARYAN CHANDRA GIRI @ NARAYAN CHANDRA GIRI Vs STATE OF WEST BENGAL on 29 December 2022

29.12.2022

Vacation BenchSL No.8s.biswas(Allowed)

C.R.M. (DB) 4658 of 2022

In Re: - An application for bail under Section 439 of the Code ofCriminal Procedure in connection with Contai P.S. CaseNo.0475 of 2022dated 29.11.2022under Sections406/409/420/467/468/471/47/7A/120B of the Indian PenalCode.

And

In the matter of: Naryan Chandra Giri @ Narayan Chandra Giri

….Petitioner

Mr. Rajdeep Mazumdar

Mr. Pritam Roy

Ms. Shyanti PoddarMr. Soewel Bhattacharjee …for the Petitioner Mr. Swapan Banerjee Ms. Debjani Sahu …for the State The case against the petitioner/applicant is under Section409 of the Indian Penal Code.

Section 409 of the Indian Penal Code is about criminalbreach of trust by public servant or by banker or by merchantor by agent. The petitioner was a contractor under themunicipality and was working under a Government contract.The allegation is of 2017/2018, FIR has been made on26.11.2022, i.e. may be after more than four years. Thepetitioner is in custody for 30 days.

Learned counsel appearing on behalf of the State hassubmitted that the case diary is not produced today.

Considering the materials on record, we do not find anyreason to keep the petitioner under custody. Hence we areinclined to grant bail to the petitioner.

Accordingly, the petitioner shall be released on bail uponfurnishing a Bond of `20,000/- with two sureties of like amounteach, one of whom must be local, to the satisfaction of theLearned Additional Chief Judicial Magistrate, Purba Medinipurat Contai subject to the condition that the petitioner shall bepresent before the Investigating Officer and cooperate with theinvestigating agency as and when he will be called for and shallnot intimidate witnesses or tamper with evidence in any mannerwhatsoever.

In the event the petitioner fails to comply with theconditions as enshrined hereinbefore, it is open to the trial courtto cancel the bail of the petitioner without any further referenceto this Court.

The application for bail is, thus, allowed.

(Prasenjit Biswas, J.) (Abhijit Gangopadhyay, J.)