Saiful Sk. v. State Of West Bengal

24.04.2024 sdas allowed CRM (DB) No. 1284 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 274 of 2023 dated 19.09.2023 under Sections 302/120B/34 of the Indian Penal Code.

And In Re : Saiful Sk. ...... petitioner Mr. Niladri Sekhar Ghosh Mr. Debarshi Brahma ....for the petitioner Mr. Madhusudan Sur, learned APP Mr. Santanu Deb Roy .... for the State Mr. Sourat Nandy .... for de facto complainant 1.

Learned Counsel for the petitioner submits he is in custody for 83 days. Co-accused are on bail. Accordingly, he prays for bail.

2.

Learned Counsel for the State opposes the bail prayer.

3.

Learned Counsel for the de facto complainant opposes the bail prayer and submits associates of petitioner are threatening witnesses.

4.

We have considered the materials on record.

Petitioner stands on the same footing with co-accused who have been enlarged on bail. Grievance expressed by the de facto complainant may be addressed by subjecting the petitioner to strict conditions.

Signed By :

SHANTANU DAS High Court of Calcutta 25 th of April 2024 05:25:58 PM

5. Accordingly, we direct that the petitioner 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, Tehatta, Nadia, on further condition that while on bail petitioner shall meet the Officer-in-Charge, Murutia Police Station once in a week until further orders. Petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 25 th of April 2024 05:25:58 PM