Rabu Sk @ Rabiul Sk @ Rabbu Sk @ Rabiul Sekh v. State Of West Bengal

05.07.2023 tkm/ct 28 C.R.M. (DB) 2221 of 2023 sl no. 113 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Baishnabnagar P.S case no. 232 of 2019 dated 15.5.2019 under sections 365/34 IPC added sections 302/201 IPC and Allowed In Re : Rabu Sk @ Rabiul Sk @ Rabbu Sk @ Rabiul Sekh ... petitioner Ms. M Gomes ...... for the petitioner Mr. S Bapuli Mr. Arani Bhattacharyya ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Co-accused have been granted bail. Though the petitioner had absconded for a considerable period of time he stands on the same footing with the said co-accused and there is little possibility of trial concluding in the near future.

Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner 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 CJM, Malda on condition that the petitioner 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 he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 2221 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)