Bappi Haque @ Bapi Hauqe @ Bapi Hoque v. The State Of West Bengal
67.
05.07.2024 Court No.28 (Tanmoy) Allowed
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 1962 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Islampur Police Station Case No.49 of 2024 dated 09.02.2024 under Sections 341/325/308/354/34 of the Indian Penal Code, 1860. And In the matter of: - Bappi Haque @ Bapi Hauqe @ Bapi Hoque ...petitioner.
Mr. Md. G.N. Imrohi, Adv., Ms. Arundhuti Barai, Adv.
...for the petitioner.
Mr. Anindya Sundar Chatterjee, Adv.
...for the State.
Order dictated in open Court by Apurba Sinha Ray, J.
Learned Counsel for the petitioner submits that he is in custody for about 52 days. The other accused persons have been granted bail by the learned Trial Court. As the investigation is complete he may be granted bail on any condition as this Court may decide.
Learned Counsel for the State has left the matter to the discretion of this Court.
Having considered the material in the case diary including the injury report and in particular that investigation is complete, we are inclined to allow the petitioner's prayer for bail. Accordingly, we direct that the petitioner, namely, Bappi Haque @ Bapi Hauqe @ Bapi Hoque shall be released on bail Signed By :
TANMOY GHOSH High Court of Calcutta 5 th of July 2024 05:35:19 PM
upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail being CRM (DB) 1962 of 2024 is accordingly disposed of.
Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :
TANMOY GHOSH High Court of Calcutta 5 th of July 2024 05:35:19 PM