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Calcutta High CourtCRM (DB)/1407/2023allowed

Sk Rafikul v. State Of West Bengal

2023-04-10Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Partha Sarathi Sen1 pages

10.04.2023 tkm/ct 28 C.R.M. (DB) 1407 of 2023 sl no. 57 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nandakumar PS case no. 33 of 2023 dated 24.1.2023 under sections 341/323/324/307/379/506 of the IPC And Allowed In Re : Sk. Rafikul ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Petitioner is in custody for 34 days. Injury does not appear to be life threatening. Keeping in mind the aforesaid facts, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 CJM Purba Medinipur at Tamluk, on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1407 of 2023 is disposed of.

(Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)