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Calcutta High CourtCRM (DB)/2028/2023allowed

Dhulu Sk @ Tujammel Hoque And ORS v. State Of West Bengal

2023-05-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

18.05.2023.

44.

Ct.No.28 as (Allowed) C.R.M. (DB) 2028 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.577 of 2021 dated 13.12.2021 under Sections 341/323/326/307/506/34 of the Indian Penal Code. In the matter of : Dhulu Sk. @ Tujammel Hoque & Ors. .... Petitioners.

Mr. Somnath Adhikary.

...for the Petitioners.

Mr. Binay Panda, Ms. Puspita Saha.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Petitioners are in custody for a month. Co-accused are on bail. Under such circumstances, we are inclined to extend the same privilege to the petitioners also.

Accordingly, the petitioners 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 Chief Judicial Magistrate, Lalbag, Murshidabad subject to condition that they 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.

Presence of the Investigating Officer is noted and dispensed with.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)