Allowed

Debashis Debnath@Debashish@Debasish v. the State of West Bengal

Calcutta HC4 Dec 2024CRM(DB)/685/2024

Case brief

AI extract

What is this about?

Petitioner detained 412 days on cheating and forgery charges involving alleged job scams while posing as a police associate. Investigation complete, supplementary charge-sheet filed but charges not framed. Court granted bail on prolonged detention grounds with conditions including appearance at every hearing and no witness intimidation.

What did the court decide?

Release on bail upon furnishing bond of Rs.25,000 with two sureties of equal amount (one local), subject to conditions.

Debashis Debnath@Debashish@Debasish Vs the State of… — Cheating and Forgery | Calcutta HC (2024)

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04.12.2024 SL No.43 s.biswas (Allowed)

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Calcutta High Court In The Circuit Bench at Jalpaiguri

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C.R.M. (DB) 685 of 2024

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In Re: - An application for bail under Section 483 of the BNSS corresponding to Section 439 of the Cr.P.C. in connection with Kotwali P.S. Case No. 720/2023 dated 22.09.2023 under Sections 719/420/468/469/471/472/409 of the IPC.

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And

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In the matter of: Debashis Debnath @ Debashish @ Debasish

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….Petitioner

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Mr. Saikat Chatterjee Mr. Hasanur Rahaman

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…for the Petitioner

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Mr. Kallol Acharjee Ms. Sukanya Adhikary

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…for the State

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The petitioner is in custody for 412 days. He prays for grant of bail on the ground of prolonged detention. The investigation is complete. Supplementary charge-sheet was submitted on July 10, 2024, but till date charge has not been framed. Copy of the supplementary charge-sheet has not been supplied to the petitioner.

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Learned counsel appearing on behalf of the state produces the case diary and opposes the prayer for bail and submits that the petitioner misused his position as a home guard and promised jobs in lieu of money by representing himself to be a close associate of the police department.

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We have gone through the materials in the case diary. Considering the prolonged detention of the petitioner, the fact

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that the investigation is complete and there is hardly any chance of early conclusion of trial, we are inclined to grant bail to the petitioner.

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Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.25,000/- with two sureties of equal amount each, one of whom must be local, to the satisfaction of the Learned Additional Sessions Judge, 2^nd Court, Jalpaiguri, subject to the condition that the petitioner shall appear before the learned trial court on each and every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offence in future. The petitioner shall not leave the jurisdiction of the trial court until further orders.

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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 of the petitioner without any further reference to this Court.

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The application for bail is, thus, allowed.

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(Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)

Debashis Debnath@Debashish@Debasish v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Debashis Debnath@Debashish@Debasish v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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