Calcutta High CourtCRM (DB)/1155/2023allowed

Sk Md Iqbal v. State Of West Bengal

2023-03-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (DB) 1155 of 2023 (Assigned) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hare Street P.S. Case No.17 of 2023 dated 21/01/2023/ GR(S)-71/2023 under Sections 143/147/149/152/332/333/283/307/427 of the Indian Penal Code, 1860 read with Section 3 of the Prevention of Damage to Public Property Act, 1984 and Sections 8/9 of the West Bengal Maintenance of Public Order Act, 1972 culminating in Charge Sheet No.28 of 2023 dated 15.02.2023 under Sections 143/147/149/152/332/333/283/307/427 of the Indian Penal Code, 1860 read with Section 3 of the Prevention of Damage to Public Property Act, 1984.

And In the matter of: Sk. Md Iqbal ....petitioner.

Mr. Samim Ahammed Md. Nazimuddin Siddique Mr. Arka Ranjan Bhattacharya Ms. Gulsanwara Pervin ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Rudradipta Nandy, Ld. APP Mr. Ranadeb Sengupta ...for the State.

Petitioner seeks bail.

AD 31.03.2023 Ct. No.29 (Allowed) The petitioner is in detention for a considerable period of time. The Court is shown one photograph of the petitioner holding a traffic cone in an incident involving damage to public property. Police filed charge sheet.

Considering the materials in the case diary, the involvement of the petitioner in the incident and the period of detention of the petitioner and considering the fact that the police filed charge sheet, 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 Chief Metropolitan Magistrate, Calcutta, subject to the condition that during bail the petitioner shall appear before the learned trial court on every date of hearing 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 prayer for bail of the petitioner is allowed. The application for bail being C.R.M. (DB) 1155 of 2023 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)