Sahidul Sk And ANR. v. The State Of West Bengal

12.09.2024 Sl. No.77 akd [ALLOWED] C. R. M. (DB) 2466 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 26.07.2024 in connection with Kaliganj Police Station Case No.311 of 2024 dated 10.04.2024 under Sections 447/325/307/506/435/34 of the Indian Penal Code. (G.R. Case No.1985 of 2024) And In Re: Sahidul Sk. & Anr.

... ... Petitioners Mr. Atis Kumar Biswas Mrs. Jyoti Agarwal ... ... for the petitioners Mr. Shekhar Barman ... ... for the State

1. It is submitted on behalf of the petitioners they are in custody for about 100 days. Investigation is complete. Accordingly, they pray for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record including the injury report. Whether the injuries are life threatening may be assessed during trial. Investigation is complete. There is no chance of abscondence. Keeping in mind the aforesaid facts and the period of detention suffered by the petitioners, we are of the opinion further detention of the petitioners is not necessary.

4. Therefore, the petitioners, namely (1) Sahidul Sk. & (2) Sakibul Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Krishnagar, Nadia subject to Signed By : ARUP KUMAR DAS High Court of Calcutta 13 th of September 2024 06:29:26 PM

condition that the said petitioners 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.

5. In the event they 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 13 th of September 2024 06:29:26 PM