Nabirul Islam v. State Of West Bengal

AD 18.05.2022 Ct. No.29 (Allowed) C.R.M. (DB) 1307 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tapan P.S. Case No.31 of 2022 dated 11/01/2022 under Sections 376/302/34 of the Indian Penal Code (Corresponding to G.R. Case No.106 of 2022) and now Charge Sheet has been filed being Charge Sheet No.110 of 2022 dated 08.03.2022 under Sections 498A/306/304B/34 of the Indian Penal Code.

And In the matter of: Nabirul Islam ....petitioner.

Mr. Kaushik Chaudhury Ms. Busra Khatun ...for the petitioner.

Mr. Prasun Kumar Dutta, Ld. APP Md. Kutub Uddin Mr. Santanu Deb Roy ...for the State.

Petitioner seeks bail.

Considering the period of detention of the petitioner and considering the fact that the police submitted charge sheet, inter alia, under Sections 498A/306/304B and 34 of the Indian Penal Code after conducting an enquiry, inter alia, under Sections 376/302/34 of the Indian Penal Code, we grant bail to the petitioner.

Accordingly, the petitioner 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 Chief Judicial Magistrate, Dakshin Dinajpur at Balurghat, subject to the condition that during bail the petitioner shall appear before the learned trial court on every date of hearing and that the petitioner shall not intimidate witnesses or

tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The prayer for bail of the petitioner is allowed. The application for bail being C.R.M. (DB) 1307 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)