Rubel Khan @ Md. Rubel Matabbar v. State Of West Bengal

26-02-2025 Ct. No.34 b.das CRR No. 705 of 2025 In the matter of :

Rubel Khan @ Md. Rubel Matabbar ..... petitioner.

Mr. Tanmay Chowdhury Ms. Ritoprita Ghosh ...for the petitioner.

Mr. Debasish Roy Mr. Arijit Ganguly Ms. S. Roy ...for the State.

Heard learned counsels for the parties.

The petitioner is in custody since 22nd May, 2024 and was granted statutory bail by the learned Additional Chief Judicial Magistrate, Uluberia (In Charge) by an order dated 23rd August, 2024 in GR Case No. 1149 of 2024. The conditions of bail imposed upon the petitioner by the learned Magistrate are as hereunder:- "the accused may find bail of Rs.100000/- (One lakh) with two local sureties, one of whom must be a "Grade-A" Govt. Employee either State Govt. of West Bengal or Central Govt. of India and another must be the Chairman of Uluberia Municipality as the accused person has been staying at the jurisdiction of Uluberia Municipality and further condition the accused person meet with the I.O of this case once in a every day

and also directed to the accused person to inform the I.O everyday of his daily where about and not to leave Uluberia Police Station Jurisdiction until further order of this court. I.D to J/C."

Learned counsel for the petitioner submits that the petitioner is unable to arrange for the sureties as directed by the learned Magistrate and is still in custody. A prayer for modification of the said conditions was turned down by the learned Magistrate as well as the learned Additional District Judge, 1st Court, Uluberia in Criminal Revision No.78 of 2024.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the petitioner has not been able to avail of the opportunity granted to him, not being able to arrange for the local sureties as directed by the learned Magistrate, the order be modified to the extent that the petitioner shall be released on bail on furnishing bond of Rs.1,00,000/- (One lakh) with two local sureties of like amount each instead of the Govt. employees or the Chairman of Uluberia Municipality. However, the other conditions of bail shall remain unaltered.

The revisional application being CRR 705 of 2025 is disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )