Manirul Islam @ Manjul And ANR v. The State Of West Bengal

01.08.2024 As/tkm/ct 6 C.R.M. (DB) 2382 of 2024 sl no. 53 In Re : An application for bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023) in connection with Itahar P.S case no. of dated 10.4.2024 under sections 341/448/326/354/427/506/307/34 IPC added section 302 IPC and Allowed In Re : Manirul Islam @ Manjul & Anr. ..... petitioners Mr. Tapan Datta Gupta Mr. Parvej Anam ...... for the petitioner Mr. Abhishek Sinha Ms. Ayana Dey ...... for the State Mr. Navanil De Mr. Srijan Ghosh ...... for the de complainant 1.

Petitioners are in custody for 123 days. It is submitted there was a free fight between the parties. Accordingly, they pray for bail.

2.

Learned lawyers for the State and de facto complainant oppose the bail prayer.

3.

We have considered the materials on record. Statements of witnesses show petitioner no. 1 and one Rahanul @ Banu are the principal assailants. He assaulted the victim who died. Hence, we are not inclined to grant bail to petitioner no. 1. 4.

There is no allegation against petitioner no. 2 with regard to assault. Whether he shared common intention to murder is to be seen in the light of the aforesaid circumstances during trial. Keeping in mind these facts, we are inclined to grant bail to him. 5.

Accordingly, the petitioner no. 2 Sekh Rahul Amin @ Rahul Ali 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 Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 6 th of August 2024 01:55:43 PM

to the satisfaction of the learned CJM Uttar Dinajpur at Raiganj, on condition that the petitioner no. 2 shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 6.

In the event he fails to do so or resorts to dilatory tactics and delay the trial, trial court shall be at liberty to cancel his bail without reference to this court.

7.

The application being CRM (DB) 2382 of 2024 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 6 th of August 2024 01:55:43 PM