Sk Jafar Alias Jafar Ali v. State Of West Bengal

25.03.2021 Court No.28 Item No. 112 Krishnendu Bail Granted CRM 1314 of 2021 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;

And In Re : Sk. Jafar alias Jafar Ali Petitioner Mr. Kazi Safiullah For the Petitioner Mrs. Sukanya Bhattacharya Md. Kutubuddin For the State The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Jangipara Police Station Case No. 57 of 2018 dated 28.03.2018 under sections 325/ 326/ 307/ 354/ 380/ 427/ 448/ 451/ 452/34 of the Indian Penal Code.

We find from the record of the case that the petitioner was arrested on 17th December, 2020 and since then he is in custody. It has been informed to us that the petitioner was initially granted anticipatory bail but subsequently the said order was recalled/cancelled in view of suppression of certain facts being observed by a coordinate Bench of this Court. We have perused the case diary, as produced by the learned advocate appearing for the State as also the injury reports, so available in the case diary, including the statements of the injured. Having regard to the period of detention, we are of the opinion that further detention of the petitioner is not required in connection with the instant case. As such, the prayer for bail of the petitioner is allowed.

Accordingly, we direct that the petitioner, namely, Sk. Jafar alias Jafar Ali, shall be released on bail upon furnishing a bond of Rs. 10,000/- with two local sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Serampore and on further conditions that the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and he shall meet with the Officer-in-Charge of Jangipara Police Station once a week until further orders.

The petitioner shall make himself available before the learned Magistrate/Trial Court on each and every date of hearing and in absence without any reasonable cause would entitle the learned Court below to cancel the bail without any further reference to this Court. With the aforesaid observations, the application for bail, being CRM No. 1314 of 2021, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J) (Tapabrata Chakraborty, J)