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Nur Mahamad Chowdhury @ Nur Mahamad Chowdhury v. State Of West Bengal

2022-03-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

01.03.2022 Serial no. 54 Aloke Ct. No. 29 CRM (DB) 591 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 25.02.2022 in connection with Pursurah P.S. Case No. 162 of 2021 dated 23.11.2021 under Section 306 of the Indian Penal Code.

-AndIn the matter of: Nur Mahammad Chowdhury @ Nur Mahamad Chowdhury ... ...Petitioner Mr. Tanmay Chowdhury, Advocate Ms. Ritoprita Ghosh, Advocate ... ... For the Petitioner Mr. P.K. Datta, ld. APP Mr. Santanu Deb Roy, Advocate ... ...For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the mother of the petitioner committed suicide. The petitioner was falsely implicated by his elder brother. The police complaint is a product of the rivalry relating to the immovable property. The petitioner is in custody for 99 days. Since the police filed charge-sheet further detention of the petitioner is not required.

Learned Advocate appearing for the State draws the attention of the Court to the case diary.

Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, we are inclined to grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly, subject to condition that the petitioner 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 petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail is allowed.

CRM (DB) 591 of 2022 is disposed of.

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