Sk. Ejajul v. State Of West Bengal
11.04.2022 Serial no. 45 Aloke Ct. No. 29 CRM (DB) 778 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 15.03.2022 in connection with Uluberia P.S. Case No. 317 of 2021 dated 22.09.2021 under Sections 498A/304B/302/34 of the Indian Penal Code. -AndIn the matter of : Sk Ejajul ... ...Petitioner Mr. Md. Sarwar Jahan, Advocate Mr. Maidul Islam Kayal, Advocate ... ... For the Petitioner Ms. Faria Hossain, Advocate Mr. Anand Keshari, Advocate ... ...For the State Petitioner prays for bail.
Learned Advocate appearing for the petitioner submits that the petitioner is in custody for about 135 days. The police filed charge-sheet. Most of the co-accused are in custody, therefore, further detention of the petitioner is not required.
Learned Advocate appearing for the State draws the attention to the materials in the case diary including the postmortem report of the victim.
Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet and considering the contents of the postmortem of the victim, 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, Uluberia,
Howrah, subject to condition that 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) 778 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)