Sk Ahammad Ali @ Ahammad Ali v. State Of West Bengal

31.03.2023 sdas allowed CRM(DB) No. 1279 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Daspur Police Station Case No. 613 of 2022 dated 09.12.2022 under Sections 447/341/323/325/307/506/34 of the Indian Penal Code. And In Re : Sk. Ahammad Ali @ Ahammad Ali ...... petitioner Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Binay Panda Ms. Puspita Saha .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. There was a dispute amongst relatives. We have also perused the injury report. Whether the injuries are life threatening require to be assessed during trial. Keeping in mind the period of detention suffered by the petitioner i.e. three weeks, we are inclined to grant bail to him.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without justifiable cause, the 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, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)