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Calcutta High CourtCRM (DB)/549/2022allowed

Nasir Uddin Dafadar And ANR. v. State Of West Bengal

2022-02-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

25.02.2022 Serial no. 55 Dd CRM (DB) 549 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 611 of 2021 dated August 26, 2021 under Sections 341/325/308/34 of the Indian Penal Code.

-AndIn the matter of : Sri Nasir Uddin Dafadar & Anr.

...Petitioners

Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Bibaswar Bhattcharya, Advocates ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 34 days. The police filed charge sheet. No overt act can be attributed to any of the petitioners.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the fact that police filed charge sheet and considering the gravity of the offence and the involvement of the petitioners therein and considering the period of detention of the petitioners, we are inclined to grant bail to the petitioners.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat,

Nadia subject to condition that the petitioners shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. In the event, the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioners in accordance with law without further reference to this Court. The prayer for bail of the petitioners is allowed. CRM (DB) 549 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)