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Calcutta High CourtCRM (DB)/2246/2024allowed

Katu Seikh @ Kotu Sk v. The State Of West Bengal

2024-07-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

30.7.2024 Ct. No. 6 SL No.64 SB / Tanmoy C.R.M. (DB) 2246 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola P.S. Case No. 352 of 2023 dated 19.8.2023 under Sections 341/323/324/325/308/34 of the Indian Penal Code subsequently charge sheet under Sections 341/324/325/304/34 of I.P.C.

And In the matter of: Katu Seikh @Kotu Sk.

Md. Golam Nure Imrohi ...for the Petitioner Mr. P.K. Dutta Ms. Sujata Das ....for the State

1. Learned counsel for the petitioner submits the petitioner is in custody for 39 days. He contends there was a free fight over a land dispute. Petitioner did not intend to commit murder.

2. Allegations against the petitioner are general and omnibus. Investigation is complete. There is no possibility of trial concluding in the near future. Co-accused have been enlarged on bail.

3. Under such circumstances we are inclined to extend the same privilege to the petitioner also.

4. Accordingly, we direct the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court. Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:27:49 PM

6. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:27:49 PM