Affan Sk @ Affam Sekh v. State Of West Bengal

23.05.2025 Ct.No.34 b.das Allowed C.R.M. (M) 392 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Chapra P.S. Case No. 95 of dated 20.01.2025 under Sections 329(3)/118(2)/109/103/3(5) of the BNS and Sections 25/27 of the Arms Act and Sections 3 /4 of the Explosive Substance Act.

And In Re : Affan Sk @ Affam Sekh ... Petitioner. Mr. Souvik Mitter Mr. Prabir Majumder Mr. Debraj Shil ...for the petitioner.

Mr. Suman De ...for the State.

Heard learned counsels for the parties.

The petitioner is in custody for about 115 days and prays for bail.

Learned counsel for the petitioner submits that the petitioner has no nexus with the alleged offence and he is only the son in law of one of the co accused. Learned counsel for the State opposes the prayer. I have perused the material on record. It prima facie appears that though the petitioner was present at a distance, he did not take part in the alleged assault. The only allegation against him is that he helped his father in law to flee the place in his motorbike. His motorbike has been seized from his custody.

Considering the material on record as well as extent of complicity of the petitioner in the alleged offence, prayer for bail is allowed.

The petitioner Affan Sk @ Affam Sekh 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 Chief Judicial Magistrate, Krishnagar, Nadia subject to condition that he shall not enter the jurisdiction of Chapra P.S. and shall furnish the address where he shall henceforth reside before the learned trial Court, investigating officer and the Officer in charge of the concerned P.S under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court 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 as stated above without justifiable cause, the learned 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. 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.)