Sk. Ismail v. The State Of West Bengal

28.07.2022 cm/ct 28 C.R.M. (DB) No.2492 of 2022 sl no. 49 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kharagpur Local P.S Case No. 976 dated 27.12.2021 corresponding to Sessions Case No. 11(05)/2022 under Sections 302/201/379/468/411/414/120B of the Indian Penal Code 1860.

And Allowed In Re : Sk. Ismail ..... petitioner Md. Shakir ...... for the petitioner Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick ...... for the State Petitioner is in custody for 193 days. It is submitted coaccused similarly circumstanced with the petitioner has been enlarged on bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime and as co accuseds similarly circumstanced with the petitioner has been enlarged on bail, we are inclined to grant the same privilege to the petitioner also.

Accordingly, the petitioner be released on bail upon furnishing bonds 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, Paschim Midnapore 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 petitioner 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) No. 2492 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)