Safikul Sk @ Islam @ Sofikul Islam v. State Of West Bengal
05.05.2022 Serial no. 77 Aloke Ct. No. 29 CRM (DB) 1204 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 404 of 2021 dated 30.10.2021 under Sections 498A/304B/302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
-AndIn the matter of : Safikul Sk @ Islam @ Sofikul Islam ... ... Petitioner Mr. Niladri Sekhar Ghosh, Advocate Mr. Tapadip Gupta, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Mr. Partha Pratim Das, Advocate Ms. Manasi Roy, Advocate ... ...For the State Petitioner seeks bail.
Learned advocate appearing for the petitioner submits that the charge-sheet was submitted inter alia under Section 306 of the Indian Penal Code after investigations inter alia under Section 302 of the Indian Penal Code being conducted. He submits that the petitioner is in custody for 187 days. Other co-accused are either on anticipatory bail or on bail. Learned Advocate appearing for the State draws the attention to the materials in the case diary. Considering the fact that the police filed charge-sheet inter alia under Section 306 of the Indian Penal Code after conducting an investigation inter alia under Section 302 of the Indian Penal Code, 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 at Lalbagh, Murshidabad, 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) 1204 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)