Jakir Mallick v. State Of West Bengal
C.R.M. 6413 of 2020 IA No. CRAN 1 of 2020 14-09-2020 sg/akb (Via Video Conference) Court 8 In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 252 of 2020 dated 07.06.2020 under sections 447/325/326/307/427/506/34 of the Indian Penal Code. Jakir Mallick & Anr.
Versus
State of West Bengal Allowed Mr. Atis Kumar Biswas, Adv.
...for the petitioners.
Mr. Prasun Kr. Datta, Adv.
Mr. Nirupam Dhali, Adv.
...for the State.
The petitioners undertake to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.
CRAN 1 of 2020 is accordingly, disposed of.
The learned Counsel appearing on behalf of the petitioners submits that the petitioners are in custody for quite sometime. This is outcome of a scuffle between family members.
Learned Counsel appearing on behalf of the State opposes the prayer for bail.
In view of the nature of allegations and the period of custody already suffered by the petitioners, we are inclined to grant bail to the petitioners. Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, one of whom shall be local to the satisfaction of
the learned Additional Chief Judicial Magistrate, Krishnagar, Nadia, on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event, the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail without further reference to this Court.
The application for bail is, thus, allowed.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Jay Sengupta, J.) (Soumen Sen, J.)