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Calcutta High CourtCRM (DB)/22/2022allowed

Subir Durlav And ANR v. State Of West Bengal

2022-01-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

07.01.2022 tkm/ct 29 C.R.M. (DB) 22 of 2022 sl no. 41 (Via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranaghat P.S Case no. 103 of 2020 dated 30.5.2020 under sections 341/326/307/34 of the IPC And Allowed In Re : Subir Durlav & Anr.

........ petitioners Ms. M Gomes ...... for the petitioners Mr. Anwar Hossain Ms. Ratna Ghosh ...... for the State Petitioners are in custody for 42 days. It is submitted on behalf of the petitioners that they are not the principal accuseds. Learned lawyer for the State opposes the prayer for bail and submits that the wrist of the victim was amputated. We have considered the materials on record. Petitioners do not appear to be the principal assailants.

Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are inclined to grant bail to them. Accordingly, the petitioners 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 ACJM, Ranaghat on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 22 of 2022 is disposed of. (Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)