Jhundru Singh And ORS v. State Of West Bengal

17.07.2023 sdas allowed CRM(DB) No. 2727 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kharagpur (T) Police Station Case No. 306 dated 15.06.2023 under Sections 341/323/326/307/354/506 of the Indian Penal Code. And In Re : Jhundru Singh & Ors. ...... petitioners Md. Ashraf Ali ....for the petitioners Mr. Binay Panda Ms. Puspita Saha .... for the State Investigating officer is present in Court with the investigating report. Report is placed on record. His personal appearance is noted and dispensed with.

We have perused the injury report. Whether the injury is life threatening requires to be assessed during trial. Petitioners are in custody for about a month. Further detention for the purpose of investigation is not necessary.

Under such circumstances, 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 Kharagpur, subject to conditions that petitioners 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.)