Ajim Gharami v. State Of West Bengal

05.02.2024 sdas allowed CRM(DB) No. 338 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No. 30 of 2022 dated 14.01.2022 under Sections 302/34 of the Indian Penal Code.

And In Re : Ajim Gharami ...... Petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ....for the petitioner Mr. Sudip Ghosh Ms. Trina Mitra .... for the State 1.

Heard the learned Counsels for the parties.

2. We have considered the materials on record. Petitioner is in custody for 179 days. Co-accused are on bail. He stands on the same footing with the said co-accused. Accordingly, we are inclined to extend the same privilege to the petitioner also.

3. 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 Chief Judicial Magistrate, Nadia at Krishnanagar, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

4. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel his bail in accordance with law without further reference to this Court.

5. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)