Jiaur Rahaman @ Safa v. State Of West Bengal

13.02.2024 Sl. No.35 akd [ALLOWED] C. R. M. (DB) 117 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.12.2023 in connection with Harishchandrapur Police Station Case No.180 of 2022 dated 15.03.2022 under Sections 302/34 of the Indian Penal Code. (G.R. Case No.544 of 2022) And In Re: Jiaur Rahaman @ Safa ... ... Petitioner Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Ms. Roma Roy Mr. Anamitra Banerjee ... ... for the petitioner Mr. Soumik Ganguli ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than one year and eleven months. It is further submitted petitioner did not participate in the assault. Accordingly, he renews his prayer for bail.

2. Learned Advocate for the State draws our attention to the statement of one Gulabi Khatun, daughter of the victim who implicates all the accused in the assault.

3. We have considered the materials on record. Gulabi Khatun, daughter of the victim stated petitioner and others had assaulted the victim. But Sitara Bibi in her statement before Magistrate only implicates Matiur Rahaman. Charge has already been framed. In view of the aforesaid contradiction in the statements of two witnesses and as there is no chance of abscondence of the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Jiaur Rahaman @ Safa, 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 Additional Chief Judicial Magistrate, Chanchal, Malda 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)