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Calcutta High CourtCRM (DB)/2602/2023allowed

Human Sk @ Aftab Sk v. State Of West Bengal

2023-07-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

04.07.2023 sdas allowed CRM(DB) No. 2602 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 245 of 2023 dated 01.04.2023 under Sections 447/326/307/506/34 of the Indian Penal Code. And In Re : Human Sk. @ Aftab Sk. ...... petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ....for the petitioner Mr. P. K. Dutta, learned APP Mr. S. D. Roy .... for the State Heard the learned Counsel for the parties.

We have considered the materials on record. Petitioner is in custody for 48 days. Investigation is complete. There is no chance of abscondence. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to him.

Accordingly, we direct that the petitioner shall 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 Chief Judicial Magistrate, Nadia at Krishnanagar, subject to conditions that petitioner 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 petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel his 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.)