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Calcutta High CourtCRM (DB)/2006/2022allowed

Nazrul Dhabak @ Mothor @ Madar Dhabak v. State Of West Bengal

2022-06-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

27.06.2022 sdas allowed CRM(DB) 2006 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 939 of 2021 dated 09.11.2021 under Sections 286/307/379/506/34 of the Indian Penal Code read with Section 9(b) of the Indian Explosives Act and Sections 3/4 of the Explosives Substances Act.

And In Re : Nazrul Dhabak alias Mothor alias Madar Dhabak ...... petitioner Ms. Minoti Gomes .....for the petitioner Ms. Zareen N. Khan Mr. Asoke Das ..... for the State Learned Counsel appearing for the petitioner submits that the petitioner is in custody for about 40 days. He has been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Keeping in mind the aforesaid facts and circumstances of the case and as injuries suffered by the victim is simple in nature, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition that the petitioner shall appear before the learned trial

court on every date of hearing until further orders and shall not intimidate witnesses and/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 the bail of the petitioner in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)