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Calcutta High CourtCRM (DB)/1103/2023allowed

Rahidul Islam @ Rahidul Mondal @ Rahidul Sk v. State Of West Bengal

2023-03-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

24.03.2023 tkm/ct 28 C.R.M. (DB) 1103 of 2023 sl no. 56 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Islampur PS case no. 59 of 2022 dated 13.2.2022 under sections 341/323/325/286/307/506/34 of the IPC and sections 3/4 of the Explosive Substances Act And Allowed In Re : Rahidul Islam @ Rahidul Mondal @ Rahidul Sk ...... petitioner Mr. Arnab Chatterjee Mr. D Biswas Ms. P Bose ...... for the petitioner Mr. Prasun Datta Mr. P Ganguly ...... for the State Petitioner is in custody for 75 days. It is contended case and counter case were registered over the self-same incident. Coaccused is on bail. He prays for bail. Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. There was a free fight. Both parties suffered injuries. Co-accused Sofikul Islam is on bail. Investigation is complete.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 25,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Lalbagh, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1103 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)