Sk Ali @ Sk Ajijul Islam @ Ali v. State Of West Bengal

May 02, 2025 39 ARDR (Allowed) CRM (M) 250 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Nandakumar Police Station Case No. 250 of 2024 dated 10/4/2024 under Sections 126(2)/115(2)/118(1)/117(2)/109/ 74/351(2)/103/3(5) of the BNS.

And In Re :

Sk. Ali @ Sk. Ajijul Islam @ Ali ... Petitioner.

Adv. Sk. Anwar Ali, ... for the petitioner.

Adv. Arijit Ganguly, Adv. Suveni Banerjee, ... for the State.

The petitioner is in custody for about eleven months and prays for bail.

Learned counsel for the State opposes the prayer. It appears that the allegation against the petitioner is that he assaulted the victim with a wooden bar in his legs. He is not the principal assailant who caused the death of the victim. Free fight ensued between the members of the two families as an outcome of a dispute between them and injuries sustained by both the sides. A counter case has also been filed.

Considering the material on record as well as the extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and he may be granted bail subject to stringent conditions. Accordingly, the prayer for bail is allowed.

The petitioner namely Sk. Ali @ Sk. Ajijul Islam @ Ali 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, Tamluk, Purba Medinipur, subject to the condition that he shall remain outside the jurisdiction of Nandakumar Police Station and shall furnish his address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the concerned police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stated above, the learned 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 disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)