Md. Johiruddin Sekh @ Jahiruddin Sk. @ Md. Jahiruddin Sk. v. State Of West Bengal

08.05.2023 sdas allowed CRM(DB) No. 1835 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 188 of 2023 dated 09.04.2023 under Sections 448/307/34 of the Indian Penal Code and under Sections 25(1)(a)/27 of the Arms Act and under Sections 3/4 of the Explosive Substances Act.

And In Re : Md. Johiruddin Sekh @ Jahiruddin Sk. @ Md. Jahiruddin Sk. ...... petitioner Mr. Debapriya Samanta Mr. Samrat Ghosh ....for the petitioner Mr. Rudradipta Nandy, learned APP Mr. Subrata Roy .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Though allegations relate to firing and throwing of bombs no one was injured. Keeping in mind the aforesaid fact and period of detention suffered by the petitioner i.e. about one month, we are inclined to enlarge the petitioner on bail.

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, Lalbagh, Murshidabad, subject to conditions that 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.

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.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)