Ujwal Sarkar And ANR v. State Of West Bengal

23.08.2022 cm/ct 28 C.R.M. (DB) 2828 of 2022 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S. Case No. 432 of 2020 dated 05.09.2020 Sections 448/323/506/354B/427/379/307/436/34 of the Indian Penal Code.

Allowed In Re : Ujjwal Sarkar @ Ujjawal Sarkar & Anr. ..... petitioners Ms. Minoti Gomes ...... for the petitioners Mr. Prasun Kumar Datta, Ld. A.P.P.

Mr. Subrato Roy ...... for the State Petitioners are in custody for 79 days. It is submitted that they have been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Allegation of attempt to murder is not supported by medical evidence. Keeping in mind the aforesaid facts and the period of detention suffered by the petitioners, 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 each, 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. 2828 of 2022 is disposed of.

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