Calcutta High CourtCRM (DB)/924/2022allowed

Usman Sk @ Osman Sk v. State Of West Bengal

2022-04-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

AD 07.04.2022 Ct. No.29 (Allowed) C.R.M. (DB) 924 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P.S. Case No.437 of dated 05/10/2020 under Sections 498A/304B/34 of the Indian Penal Code, 1860 corresponding GR Case pending before the Learned Additional Chief Judicial Magistrate, Ranaghat Nadia.

And In the matter of: Usman Sk @ Osman Sk ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of one year and six months. Learned Advocate appearing for the State draws the attention of the Court to the post-mortem report.

In reply to a query of the Court, learned Advocate for the State submits that the case is yet to be committed. Considering the post-mortem report of the victim and considering the fact that the case is yet to be committed and considering the period of detention of the petitioner and considering the fact that since the case is yet to be committed, the trial is unlikely concluded any time soon, we grant bail to the petitioner. Accordingly, the petitioner 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, Ranaghat, Nadia, subject to the condition that during bail the petitioner shall appear before the learned trial court on the dates fixed till disposal of the trial and that the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 924 of 2022 is, thus, disposed of.

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