Golam Masum Sk v. State Of West Bengal
18.03.2021.
Item No.6 (Allowed) ab C.R.M. 2562 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.03.2021 in connection with Chapra P.S. Case No. 365 of 2019 dated 19.11.2019 under Sections 326/307/302/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act; And In the matter of : Golam Masum Sk.
... petitioner.
Mr. Soubhik Mitter, Mr. Litan Maitra, Ms. Ranjnandini Das.
...For the petitioner.
Ms. Manisha Sharma, Ms. Trina Mitra.
...For the State.
The Advocate-on-Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.
This is an application for bail in connection with Chapra P.S. Case No. 365 of 2019 under Sections 326/307/302/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act at the behest of the petitioner.
The learned Advocate for the petitioner submits that the petitioner has been falsely implicated in the instant case and at least he is similarly placed with other accused persons who have been granted bail by this Court. To that effect, learned Advocate relies upon CRM 925 of 2021 and draws attention of this Court to the observation made in respect of one Ayub Sk. He further submits that on any stringent grounds the petitioner may be released on bail.
Ms. Manisha Sharma, learned Advocate for the State, submits that the petitioner was absconding for a considerable period of time and very recently he has surrendered to the custody of the court. Having regard to the complicity, learned Advocate submits that he may not be released on bail.
We considered the materials in the case diary, more particularly, the statement of the witnesses under Section 164 of the Code of Criminal Procedure, which has been referred to by the learned Advocate for the State. Having regard to the nature of allegations in the said statement, which describes the role of the petitioner, we are of the opinion that the petitioner is similarly placed with other accused persons who have been granted bail by this Court. We are, therefore, inclined to grant bail to the petitioner.
Accordingly, the petitioner shall be released on bail upon furnishing a Bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Krishnagar, Nadia and on further condition that the petitioner shall attend the trial court on the date specified for hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
It is also made clear that in the event the petitioner violates any of the conditions without any justifiable reasons, the learned trial court would be at liberty to cancel the petitioner's bail without further reference to this Court. The application being CRM 2562 of 2021 is allowed. (Harish Tandon, J.) (Tirthankar Ghosh, J.)