Hajarat Ali v. State Of West Bengal

C.R.M. (DB) 2270 of 2023 16.06.2023 Sl. 31 Court No. 29 Sourav (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 1572 of 2022 dated 24.12.2022 under Sections 302/120B/392/411/201/34 IPC (G.R. Case No. 3129 of 2022). And In the matter of: Hajarat Ali ....petitioner.

Mr. Subir Banerjee Mr. Sandip Bandyopadhyay Mrs. Rukmini Basu Roy ...for the petitioner.

Ms. Zareen N. Khan Md. Kutubuddin ...for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by the learned Counsel for the parties including the statement of the witnesses.

3. Admittedly, the petitioner was not present at that spot at the time of murder. His involvement is there under Sections 120B/201 IPC.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and evidence and completion of investigation in the meantime, it is directed that the petitioner shall be released on bail by the learned Chief Judicial Magistrte, Raiganj, Uttar Dinajpur, in Connection with G.R. Case No. 3129 of 2022 arising out of Raiganj Police Station Case No. 1572 of 2022 dated 24.12.2022 on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that i) The petitioner shall not involve himself in similar or any other offence during the currency of

the order; ii) the petitioner shall appear before the learned trial Court on each date of substantive hearing subject to the provision of Section 317 Cr.P.C.

5. Accordingly, the prayer for bail is allowed.

6. The application being CRM (DB) 2270 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)