Calcutta High CourtCRM (DB)/1109/2022allowed

Nabiul Khan @ Nabiul v. State Of West Bengal

2022-04-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

27.04.2022 Serial no. 63 [Dd] (Bail allowed) CRM (DB) 1109 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 01 of 2022 dated 01.01.2022(Corresponding G.R. No.- 08/2022) under Sections 498A/304B of the Indian Penal Code. -AndIn the matter of : Nabiul Khan @ Nabiul ... ... Petitioner Mr. Sandipan Ganguly, Mr. Arup Sarkar, Ms. Sabnam Laskar, Advocates ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, PP Mr. Aniket Mitra, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 112 days. Another co-accused was enlarged on bail on March 29, 2022 passed in CRM (DB) 842 of 2022. The petitioner stands in the same footing as that of such co-accused.

Learned advocate appearing for the State does not dispute the claim of parity.

Considering the period of detention of the petitioner and considering the fact that the claim for parity by the petitioner is undisputed on behalf of the State, 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 Additional Chief Judicial Magistrate, Chanchal, Malda 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) 1109 of 2022 is disposed of.

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