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Calcutta High CourtCRM (DB)/1363/2022allowed

Robiul Sk. @ Rabiul Islam v. State Of West Bengal

2022-06-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

06.06.2022 tkm/ct 28 C.R.M. (DB) 1363 of 2022 sl no. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Domkal P.S Case no. 384 of 2019 dated 16.6.2019 under sections 302/286/34 of the Indian Penal Code read with section 9(b) of the Explosive Act and section 27 of the Arms Act And Allowed In Re : Robiul Sk @ Rabiul Islam ........ petitioner Mr. D Basu ...... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...... for the State Petitioner is in custody for 203 days and it is submitted that co-accused persons are on bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioner stands on the same footing with co-accused persons who have been granted bail.

Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner 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 CJM, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that while on bail petitioner shall not leave the jurisdiction of Domkal P.S until further orders except for attending court proceeding.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1363 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)