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Calcutta High CourtCRM (DB)/2810/2022allowed

Musnabi Sk @ Musanabi Sk And ANR v. State Of West Bengal

2022-08-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

23.08.2022 cm/ct 28 C.R.M.(DB) No. 2810 of 2022 sl no. 25 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S Case No. 360 of 2022 dated 23.04.2022 under Sections 498A/302/34 of the Indian Penal Code(S.C. No. 9(7)2022) And Allowed In Re : Musnabi Sk @ Musanbai Sk & Anr.

..... petitioners.

Mr. Kallol Mondal Mr. Subir Debnath Mr. Krishan Roy Ms. Roma Roy ...... for the petitioners Mr. Ranabir Roychowdhury Mr. Mainak Gupta ...... for the State Petitioners are in custody for 120 days. It is contended that investigation is complete.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Allegations of torture are general and omnibus. Balancing the nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM(DB) No.2810 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)