Calcutta High CourtCRM (DB)/827/2022allowed

Nazrul Seikh @ Najrul Mallick v. State Of West Bengal

2022-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

28.03.2022 Serial no. 88 [Dd] (Bail allowed) CRM(DB) 827 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 481 of 2021 dated 16.09.2021 under Sections 447/376/511/506 of the Indian Penal Code.

-AndIn the matter of : Nazrul Seikh @ Najrul Mallick ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld PP Ms. Amita Gaur, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the complaint was lodged 17 days after the incident. The police filed charge sheet and, therefore, further detention of the petitioner is not required. The petitioner is in custody for 57 days.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code, the gravity of the offence and the involvement of the petitioner therein and considering the fact that 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, Krishnagar, Nadia 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 of the petitioner is allowed. CRM(DB) 827 of 2022 is disposed of.

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