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Calcutta High CourtCRM (DB)/234/2024allowed

Sk. Monir Ali v. State Of West Bengal

2024-01-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

29.01.2024 Item No.37 Court No.28 CHC allowed CRM(DB) No. 234 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tarakeshwar Police Station Case No. 471 of 2023 dated 14.12.2023 under Sections 341/323/325/427/307/34 of the Indian Penal Code. And In Re : Sk. Monir Ali ...... petitioner Mr. Abhra Mukherjee, Mr. Sauradeep Dutta ....for the petitioner Mr. Jaydeep Biswas .... for the State 1.

Petitioner is in custody for 40 days. Co-accused have been enlarged on bail. He prays for bail.

2.

Learned lawyer for the State opposes the prayer for bail. 3.

We have considered the materials on record. Co-accused have been enlarged on bail. There is no chance of abscondance.

4.

In such circumstances, we are inclined to grant bail to the petitioner.

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Chandernagore, subject to condition that 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.

6. In the event petitioner fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)