Calcutta High CourtCRM (DB)/994/2022allowed

Achmat Sk @Ajmat Sekh v. State Of West Bengal

2022-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

18.04.2022 Serial no. 64 [Dd] (Bail allowed) CRM (DB) 994 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. 41 of 2022 dated 16.01.2022 under Sections 498A/306/34 of the Indian Penal Code.

-AndIn the matter of : Achmat Sk @ Ajmat Sekh ... ... Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Mr. Prasun Kr. Dutta,ld. APP Mr. Subrato Roy, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 41 days. The police filed charge sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy. He submits that the son of the victim implicates the petitioner in his statement recorded under Section 164 of the Criminal Procedure Code.

Considering the period of detention of the petitioner and considering the fact that police field charge sheet, inter alia, under Section 306 of the Indian Penal Code and considering the postmortem report 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 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) 994 of 2022 is disposed of.

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