Ujjala Biswas And ANR v. State Of West Bengal

16.06.2022 tkm/ct 28 C.R.M. (DB) 1813 of 2022 sl no. 81 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kalna P.S case no. 44 of 2022 dated 23.1.2022 under sections 302/201/34 IPC, charge sheet submitted under section 341/304/34 IPC And Allowed In Re : Ujjala Biswas & Anr.

...... petitioners Mr. P Saha ...... for the petitioners Ms. Z N Khan Md. Kutubuddin ...... for the State It is submitted on behalf of the petitioners that there was a scuffle between the parties. Victim fell down and suffered head injury. He is in custody for six months.

Learned lawyer for the State opposes the prayer for bail. Having considered materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission that the victim fell down in the course of scuffle and suffered injury and in view of the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners. Accordingly, the petitioners 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 ACJM, Kalna, Purba Bardhaman on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 1813 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)