Chhakat Ali Sk @ Foring @ Chakat Ali Sk @ Chakbat Ali Sk. v. State Of West Bengal

25.04.2025 Ct.No.34 b.das Allowed C.R.M. (M) 34 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Canning P.S. Case No. 494 of 2021 dated 21.11.2021 under Sections 302/120B/201/212 of Indian Penal Code read with Sections 27/25 of the Arms Act.

And In Re :Chhakat Ali Sk. @ Foring @ Chakat Ali Sk. Chakbat Ali Sk. ... Petitioner.

Mr. Samrat Choudhury Ms. Sreetama Neogi ... for the Petitioner.

Mr. Sabir Ahmed Mr. Tasnim Ahamed Mr. Dhiman Banerjee ...for the de facto complainant.

Mr. Abhishek Sinha Mr. Tirupati Mukherjee ... for the State.

Heard learned counsels for the parties.

The petitioner seeks parity with co accused Manirul Sk. and Saiful Laskar who are on bail.

The petitioner is in custody for more than 3 years. Learned counsels for the State and de facto complainant oppose the prayer and submit that the fire arm was recovered at the instance of the petitioner and his prayer for bail was turned down on such ground on 28th September, 2022 by this Court.

Learned counsels submit that trial is at its fag end and the petitioner may abscond if released on bail, resulting in delay in trial.

It appears that the offending fire arm was recovered pursuant to the leading statement of the petitioner as well as

Manirul Sk. who is on bail. The petitioner appears to be similarly circumstanced with the two co accused who are on bail and deserve the same benefit.

The prayer for bail is allowed.

The petitioner Chhakat Ali Sk. @ Foring @ Chakat Ali Sk. Chakbat Ali Sk. be released on bail upon furnishing 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, Alipore, South 24 Parganas subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)