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Calcutta High CourtCRM (DB)/3095/2023allowed

Saheb Sk@Jahiruyl Sk@Jahedul Sk v. State Of West Bengal

2023-09-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

05.09.2023.

19.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3095 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Beldanga P.S. Case No.602 of dated 07.10.2022 under Sections 325/326/427/307/302/34 of the Indian Penal Code. In the matter of : Saheb Sk. @ Jahirul Sk. @ Jahedul Sk. .... Petitioner.

Mr. Arnab Chatterjee, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Dhanasree Biswas, Ms. Poulami Bose.

...for the Petitioner.

Ms. Zareen N. Khan, Mr. Ashok Das.

...for the State.

Sk. Abdus Salam, Mr. M. S. Islam.

...for the de-facto complainant.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for 122 days. Balancing the nature of accusation with the period of detention suffered by the petitioner and as co-accused are on bail, we are inclined to grant bail to the petitioner.

3.

Accordingly, the petitioner viz., Saheb Sk. @ Jahirul Sk. @ Jahedul 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, Murshidabad at Berhampore subject to condition that he shall appear before the trial court on every

date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 4.

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.

5. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)