Arif Karikar And ORS v. State Of West Bengal

15.02.2023 Sl. No.70 akd [ALLOWED] C. R. M. (DB) 619 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.02.2023 in connection with Santipur Police Station Case No.310 of 2020 dated 23.07.2020 under Sections 448/325/326/307/34 of the Indian Penal Code.

And In Re: Arif Karikar & Ors.

... ... Petitioners Mr. Jagabandhu Mondal ... ... for the petitioners Mr. Binay Panda Mr. Subham Bhakat ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 76 days. Co-accuseds have been enlarged on bail. Learned Advocate for the State opposes the prayer for bail and submits petitioners absconded for sometime. We have considered the materials on record. Co-accuseds have been enlarged on bail. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioners, we are of the opinion further detention of the accuseds/petitioners is not necessary. Therefore, the accuseds/petitioners, namely (1) Arif Karikar,

(2) Asab Ali Karikar & (3) Mansam Karikar, 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 said petitioners 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.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)