Sk Sahabuddin v. State Of West Bengal

08.09.2020 Sl. No.33 akd [ALLOWED] C. R. M. 6070 of 2020 [via video conferencing] CRAN 1 of 2020 [Old No. CRAN 4527/2020] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.07.2020 in connection with Uluberia Women Police Station Case No. 20 of 2020 dated 09.06.2020 under Sections 498A/323/325/307/406/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.918 of 2020) And In Re: Sk. Sahabuddin ... ... Petitioner Mr. Maidul Islam Kayal .. Advocate ... ... for the petitioner Mr. Prasun Datta .. Ld. Addl. Public Prosecutor Mr. Santanu Deb Roy .. Advocate ... ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 (Old No. CRAN 4527 of 2020) is accordingly, disposed of.

It is submitted on behalf of the petitioner that he is in custody for about 83 days.

Learned Additional Public Prosecutor opposes the prayer for bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case and in view of the period of detention suffered by the petitioner, we are of the opinion that further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Sk. Sahabuddin, 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 Additional Chief Judicial Magistrate, Uluberia, Howrah subject to condition that the said petitioner 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.

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 for bail, thus, stands allowed. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)