Farman Sk v. State Of West Bengal

12.05.2023.

35.

Ct.No.28 as (Allowed) C.R.M. (DB) 1903 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola P.S. Case No.13 of 2023 dated 07.01.2023 under Sections 447/323/325/307/506/34 of the Indian Penal Code. In the matter of : Farman Sk.

.... Petitioner.

Ms. Soma Mal, Ms. Rabia Khatun, Ms. June Modak ...for the Petitioner.

Mr. P. K. Datta, ld. A.P.P., Mr. Santanu Deb Roy.

...for the State.

Petitioner is in custody for 46 days. He prays for bail. Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Injury report indicates that the injury is grievous but prognosis is good. Investigation is complete.

Balancing the nature of accusation with the period of detention suffered by him, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Farman Sk. 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, Lalbagh, Murshidabad subject to condition that he 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 petitioner fails to appear before the Trial Court without any 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, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)