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Calcutta High CourtCRM (DB)/2250/2022allowed

Ahammad Gazi @ Ahmad Gazi And ORS v. State Of West Bengal

2022-07-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

13.07.2022 Sl. No.20 akd [ALLOWED] C. R. M. (DB) 2250 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.07.2022 in connection with Namkhana Police Station Case No. 171 of 2022 dated 18.06.2022 under Sections 379/411/413/414 of the Indian Penal Code read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. (G.R. Case No.1367 of 2022) And In Re: Ahammad Gazi @ Ahamad Gazi & Ors.

... ... Petitioners Ms. Rupsa Sreemani ... ... for the petitioners Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Pramanik ... ... for the State Heard learned advocates appearing for both the parties. Having considered the materials on record and bearing in mind the nature of allegations and as incriminating articles have already been recovered, we are of the opinion further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely (1) Ahammad Gazi @ Ahamad Gazi, (2) Chandan Dolui, (3) Arijit Dolui, (4) Surajit Dolui & (5) Ratan Das @ Ratan Chandra Das, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kakdwip, South 24-Parganas subject to condition that the said petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)