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Calcutta High CourtCRM (DB)/2542/2022allowed

Sentu Shah @ Sentu Islam v. State Of West Bengal

2022-08-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

01.08.2022 sdas allowed CRM(DB) No. 2542 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 180 of 2022 dated 01.06.2022 under Sections 341/326/307/34 of the Indian Penal Code.

And In Re : Sentu Shah @ Sentu Islam Shah ...... petitioner Mr. Amanul Islam Mr. Sourav Mukherjee .....for the petitioner Mr. Prasun Kumar Dutta, learned APP Mr. Subrato Roy ..... for the State Learned Counsel appearing for the petitioner submits there was a family dispute between the parties and he has been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Keeping in mind the nature of allegations and the period of detention suffered by the petitioner, we are of the opinion that further detention of the petitioner for progress of investigation is not necessary.

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, Tehatta, 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 the petitioner 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.)