Soyad Sk v. State Of West Bengal

06.07.2022 cm/ct 28 C.R.M. (DB) 2118 of 2022 sl no. 23 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Salar P.S. Case No. 216 of 2021 dated 31.10.2021 under Sections 302/34 of the Indian Penal Code, 1860 and Sections 3 / 4 Explosives Substances Act, subsequently charge sheet No. 11 of 2022 dated 20.01.2022 under Sections 302/286/120B of the Indian Penal Code, 1860.

Allowed In Re : Soyad Sk.

..... petitioner Miss. Sreyashee Biswas Mrs. Benajir Hasna ...... for the petitioner Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick Ms. Nandini Chatterjee ...... for the State Petitioner is in custody for 243 days. Co-accused Jaynal Sk. @ Sekh Jaylal @ Joylal Sk. has been enlarged on bail in CRM (DB) 1761 of 2022.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioner is not the principal accused. Co-accused has been enlarged on bail. 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 Additional Chief Judicial Magistrate, Kandi, Murshidabad 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) No. 2118 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)