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Calcutta High CourtCRM (DB)/2312/2023allowed

Sk. Hanif @ Md. Hanif v. State Of West Bengal

2023-07-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

17.07.2023 as/ tkm/ct 28 C.R.M. (DB) 2312 of 2023 sl no. 30 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Panrui P.S case no. 11 of 2022 dated 24. 1.2022 under sections 3/4 of the Explosive Substance Act and Allowed In Re : Sk Hanif @ Md. Hanif ... petitioner Mr. Saryati Datta Mr. S K Dan Mr. C Biswas ...... for the petitioner Mr. N Ahmed Ms. Amita Gaur ...... for the State Petitioner is in custody for 83 days. It is submitted no one was injured. Co-accused are on bail. He prays for bail. Learned lawyer for the State opposes the bail prayer. He submits that the petitioner and co-accused had thrown bomb. We have considered the materials on record. Investigation is complete. No one was injured. Balancing the nature of accusation with the period of detention suffered by the petitioner and as coaccused are on regular bail, we are inclined to grant bail to the petitioner.

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, Birbhum at Suri 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) 2312 of 2023 is disposed of.

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