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Calcutta High CourtCRM (DB)/939/2024allowed

Arestulla @ Tunu @ Md. Arastulla And ORS. v. State Of West Bengal

2024-03-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Partha Sarathi Sen2 pages

28.03.2024.

25.

Ct.No.28.

as (Allowed) C.R.M. (DB) 939 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Islampur P.S. Case No.271 of dated 09.07.2023 under Sections 341/326/325/307/34 of the Indian Penal Code.

In the matter of : Arestulla @ Tunu @ Md. Arastulla & Ors. .... Petitioners.

Mr. S. Das Mahapatra, Ms. Riya Das.

...for the Petitioners.

Mr. Binay Kr. Panda, Mr. Mainak Gupta.

...for the State.

1.

Heard the learned Advocates for the parties. 2.

We have considered the materials on record. Whether the injuries are life threatening may be assessed during trial. There is no chance of abscondence.

3.

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

4.

Accordingly, the petitioners viz., Arestulla @ Tunu @ Md. Arastulla, Sunarul Haque @ Sk. Sunarul and Jakirul Sk. shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

Signed By :

ALOK SETH High Court of Calcutta 1 st of April 2024 05:45:52 PM

5.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

6. This application for bail is, thus, disposed of. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.) Signed By :

ALOK SETH High Court of Calcutta 1 st of April 2024 05:45:52 PM