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Calcutta High CourtCRM (DB)/2510/2023allowed

Rafiqul Piyada @ Rafikul Piyada @ Rafiqul Peada @ Rafikul Peada v. State Of West Bengal

2023-07-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

04.07.2023 tkm/ct 28 C.R.M. (DB) 2510 of 2023 sl no. 65 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dholahat P.S case no. 101 of 2022 dated 10.3.2022 under section 498A/304B/306/34 IPC and sections 3 and 4 of the DP Act and Allowed In Re : Rafiqul Piyada @ Rafikul Piyada @ Rafiqul Peada @ Rafikul Peada ... petitioner Mr. Ayan Bhattacherjee Mr. D Guha Mr. S Majumder ...... for the petitioner Mr. S S Imam Mr. S Kundu ...... for the State Heard learned lawyer for the parties.

We have considered the materials on record. There is little possibility of trial concluding in near future. Balancing the nature of accusation with the period of detention suffered by the petitioner, 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 ACJM, Kakdwip, South 24 Parganas 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) 2510 of 2023 is disposed of.

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