Sabjan Dafadar v. State Of West Bengal

21.04.2023.

Ct.No.28 as (Allowed) C.R.M. (DB) 1601 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P. S. Case No.611 of 2021 dated 26.08.2021 under Sections 341/325/308/34 of the Indian Penal Code.

In the matter of : Sabjan Dafadar.

.... Petitioner.

Mr. Atis Kr. Biswas, Mr. Amit Singh, Ms. Jyoti Agarwal.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, ld. SGA, Mr. Arindam Sen.

...for the State.

Petitioner is in custody for more than a month. He submits there was a free fight between two neighbours. He prays for bail.

Learned Advocate for the State opposes the bail prayer. He submits petitioner had absconded for more than a year. We have considered the materials on record. Petitioner has permanent home and hearth. Incident occurred in course of a free fight.

Keeping in mind the aforesaid facts, we are of the opinion further detention of the petitioner is not necessary and he may be enlarged on bail.

Accordingly, the petitioner viz., Sabjan Dafadar shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that he 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 petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)