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Calcutta High CourtCRM (DB)/2299/2024allowed

Abutahar Sk Sekh @ Abu Tahar Sk v. The State Of West Bengal

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

30.07.2024.

70.

Ct.No.6.

as (Allowed) C.R.M. (DB) 2299 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nakashipara P.S. Case No.165 of 2024 dated 22.02.2024 under Sections 379/411/272/273/420/34 of the Indian Penal Code.

In the matter of : Abutahar Sekh @ Abu Tahar Sk. .... Petitioner.

Mr. Prabir Majumder.

...for the Petitioner.

Mr. Joydeep Roy, Ms. Manisha Sharma.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record.

Incriminating articles have already been recovered. Petitioner is in custody for 68 days. Nothing is placed on record to show that seized articles are harmful for human consumption. Further detention of the petitioner for progress of investigation is not necessary.

3.

Under such circumstances, we are inclined to grant bail to the petitioner.

4.

Accordingly, the petitioner viz., Abutahar Sekh @ Abu Tahar Sk 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 Chief Judicial Magistrate, Nadia at Krishnagar subject to condition that he shall appear before the trial court on every date of Signed By : ALOK SETH High Court of Calcutta 1 st of August 2024 05:14:29 PM

hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 5.

In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 1 st of August 2024 05:14:29 PM