Abdul Jobbar Sk And ANR v. State Of West Bengal

17.05.2023 sdas allowed CRM(DB) No. 1989 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 254 of 2022 dated 26.04.2022 under Sections 341/325/326/307/507/34 of the Indian Penal Code. And In Re : Abdul Jobbar Sk. & Anr....... petitioners Mr. Prabir Majumder Mr. Snehansu Majumder ....for the petitioners Mr. Tanmoy Kumar Ghosh Ms. Sonali Bhar .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Case and counter case have been registered between the parties. Whether petitioners attempted to commit murder requires to be assessed in the light of the aforesaid circumstance and the nature of injury during trial. They are in custody for 79 days. Investigation is complete. Accordingly, we are inclined to grant bail to the petitioners.

Accordingly, we direct that 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 Chief Judicial Magistrate, Nadia at Krishnagar, subject to conditions that they 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their 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.)