Ijajul Mallick v. State Of West Bengal

17.01.2023 Sl. No.18 akd [ALLOWED] C. R. M. (DB) 159 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.01.2023 in connection with Kaliganj Police Station Case No.226 of dated 14.04.2022 under Sections 341/325/308/354/34 of the Indian Penal Code and subsequently charge sheet submitted under Sections 447/325/326/307/34 of the Indian Penal Code.

And In Re: Ijajul Mallick ... ... Petitioner Md. Sabir Ahmed ... ... for the petitioner Mr. Binay Panda Mrs. Puspita Saha ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 92 days. It is further submitted there is a civil dispute between the parties. Investigation is complete.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. There is a civil dispute between the parties. Whether the injury is life-threatening requires to be assessed during trial. Keeping in mind the aforesaid facts and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Ijajul Mallick, 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)