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Calcutta High CourtCRM (DB)/2385/2023allowed

Ajijul Mallick And ORS v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023 sdas allowed CRM(DB) No. 2385 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 484 of 2022 dated 28.07.2022 under Sections 447/325/326/307/34 of the Indian Penal Code.

And In Re : Ajijul Mallick & Ors. ....... petitioners Mr. Atis Kumar Biswas Mr. Amit Singh Mr. Jyoti Agarwal ....for the petitioners Mr. Tanmoy Kumar Ghosh Mrs. Sonali Bhar .... for the State Heard the learned Counsel for the parties.

We have considered the materials on record. Petitioners are not the principal accused. They are in custody for 117 days. Investigation is complete. Accordingly, we are inclined to grant bail to the petitioners.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Krishnanagar, Nadia, subject to conditions that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel their bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)