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Calcutta High CourtCRM (DB)/1586/2022allowed

Sk. Kalo@ Sk Sajahan And ANR v. State Of West Bengal And ORS.

2022-06-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

10.06.2022.

72.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1586 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bishnupur P. S. Case No.75 of 2022 dated 07.02.2022 under Sections 498(A)/325/307/34 of the Indian Penal Code and added Section 302 of the Indian Penal Code.

In the matter of : Sk. Kalo @ Sk. Sajahan & Anr. .... Petitioners.

Mr. Shibaji Kr. Das, Ms. Rupsa Sreemani.

...for the Petitioners.

Mr. S. S. Imam, Mr. R. Jana.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioners are in custody for about 35 days. It is contended they are distant relations of the husband of the victim lady and not the principal accused.

Learned Advocate for the State opposes the prayer for bail and submits that the petitioners tortured the victim lady who was assaulted by her husband and died.

We have considered the materials on record. Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are of the opinion further detention of the petitioners is not necessary and they may be granted bail. Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of

the learned Additional Chief Judicial Magistrate, Alipore, South 24-Paraganas subject to condition that the petitioners 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 petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)