Sk Saif Uddin v. State Of West Bengal

11.04.2025 jb.

jdt.

Allowed C.R.M. (M) 95 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dadpur Police Station Case No. 266 of 2023 dated 29.10.2023 under Sections 364A/506/379/411/34 of the Indian Penal Code. And In Re : Sk. Saifuddin ... Petitioner.

Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. Arpayan Mukherjee Mr. Himadri Ghosh ... For the Petitioner.

Imral Ail Ms. Sreetama Das ... For the State.

Learned counsel for the petitioner submits that co-accused have been granted bail/anticipatory bail and the petitioner stands on the same footing. He is not named in the FIR. The petitioner seeks bail.

Learned counsel for the State produces the case diary and opposes the prayer for bail.

It appears that the petitioner is not named in the FIR. The investigation has culminated in charge-sheet. He has been named by the co-accused in their statement under Section 161 of the Code of Criminal Procedure. There is no further material on record prima facie connecting the petitioner to the alleged offence. He is in custody for more than 100 days.

Considering the material available in the case diary and the extent of complicity of the petitioner in the alleged offence prayer for bail is allowed.

The petitioner namely Sk. Saifuddin shall 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, Chinsurah, Hooghly subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and he shall not tamper with the evidence or intimidate the witnesses in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date fixed for hearing without any 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 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.)