Sarikul Islam Sk v. State Of West Bengal

01.08.2022 sdas allowed CRM(DB) No. 2539 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 254 of 2022 dated 26.04.2022 under Sections 341/325/326/307/506/34 of the Indian Penal Code. And In Re : Sarikul Islam Sk. ...... petitioner Mr. Sumanta Das .....for the petitioner Mr. Binay Panda Mr. Subham Bhakat ..... for the State Learned Counsel appearing for the petitioner submits he is in custody for 63 days. Son of the petitioner was murdered. Learned Counsel appearing for the State opposes prayer for bail.

We have considered materials on record. There was a free fight and son of the petitioner was murdered. Keeping in mind the aforesaid facts and in view of period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Krishnagar, Nadia, on conditions that he shall not intimidate the witnesses or tamper with evidence in

any manner whatsoever and he shall appear before the trial court on every date of hearing.

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 without further reference to this Court. The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)