Suraj Sk. And ANR. v. State Of West Bengal
02.12.2021 CRM 7755 of 2021 Court No.29 Item No.430 (Allowed) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Chapra Police Station Case No. 332 of 2020 dated 15.09.2020 under Sections 498A/326A/34 of the Indian Penal Code;
Saswata (Assistant Registrar) (Court) And In the matter of : Suraj Sk. & Anr.
...Petitioners
Mr. Prabir Majumder ...For the Petitioners Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ...For the State.
Leave is granted to the learned advocate for the petitioner to correct the petition.
The petitioners seek bail.
Learned advocate for the petitioners submits that the other co accused were granted bail. He submits that the petitioners are in custody for 233 days.
Learned advocate appearing for the State draws the attention of the Court to the medical report.
It appears from the medical report that the brother-in-law and his wife poured acid upon the victim. The husband was out of station. Consequently, the petitioner no. 1, who is the husband is granted bail. We, however, are unable to grant bail to the petitioner no. 2, who is the brother-in-law and who is named in the medical report. The prayer for bail of petitioner no. 2 is rejected. However, the prayer for bail of petitioner no. 1 is allowed. Accordingly, we direct that in the event of arrest, the petitioner no. 1 (Suraj Sk.) shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, to the satisfaction of the Learned Chief Judicial Magistrate, Krishnagore, Nadia subject to the condition that during bail he shall appear before the learned Trial Court on the date fixed till
disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner no. 1 (Suraj Sk.) fails to comply with the condition as enshrined hereinbefore, it is open to the Trial Court to cancel the bail without any further reference to this Court. The application for bail being CRM 7755 of 2021 is, thus, disposed of. (Debangsu Basak, J.) (Bibahas Ranjan De, J.)