Ahamed Ali v. State Of West Bengal

06.01.2023 Sl. No.14 akd [ALLOWED] C. R. M. (DB) 25 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.12.2022 in connection with Chapra Police Station Case No.0481 of dated 01.11.2009 under Sections 379/413/414/468/471 of the Indian Penal Code. And In Re: Ahamed Ali ... ... Petitioner Mr. Simanta Kabir Mr. Chandan Sekh Mr. Tirthankar Murmu Mr. Rijaul Hossain Mr. Nirjhar Nath Mr. Avik Pramanick ... ... for the petitioner Mr. Debabrata Chatterjee .. ld. Addl. Public Prosecutor Ms. Debjani Dasgupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more than 71 days.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Stolen vehicle has been recovered. Under such circumstances and in view of the period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Ahamed Ali, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition that the said petitioner 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.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)