Sk Toyab Ali @ Sk Taiyab Ali And ANR v. State Of West Bengal

19.04.2023 ss Allowed C.R.M. (D.B.) 1557 of 2023 In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Raipur P.S. Case No. 69 of 2015 dated 24.09.2015 under sections 302/201/34 of the Indian Penal Code and sections 25/27 of the Arms Act.

And In the matter of : Sk Toyab Ali @ Sk Taiyab Ali & Anr. Mr. Arkaprabho Roy Mr. D. Das Mr. Riddhiman Mukherjee ... ... for the petitioners Mr. Madhusudan Sur Mr. Arabinda Manna ... ... for the State Petitioners are in custody for seven and half years. There is inordinate delay in trial. On such score co-accused have been granted bail.

Accordingly, we are inclined to grant bail to the petitioner.

Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Khatra, Bankura subject to the condition that the petitioners 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 the petitioners fail to do so without justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this court.

The application for bail is, thus, allowed.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)