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Calcutta High CourtCRM (DB)/3116/2023allowed

Nur Islam Jamadar @ Nur Islam Jamader v. State Of West Bengal

2023-08-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.08.2023 tkm/ct 28 C.R.M. (DB) 3116 of 2023 sl no. 59 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S case no. 487 of 2023 dated 17.5.2023 under sections 498A/313/34 IPC and Allowed In Re : Nur Islam Jamadar alias Nur Islam Jamader ... petitioner Mr. Sayan De Mr. S Kanjilal Mr. K Shome ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. Aniket Mitra Ms. Jonaki Saha ...... for the State Petitioner is in custody for 82 days. He is the father-in-law of the victim housewife. He prays for bail.

Learned lawyer for the State opposes the bail prayer. He submits that the husband and mother-in-law are absconding. We have considered the materials on record including the statement of the victim lady. She alleges that the husband had kicked her in the abdomen resulting in hospitalization. Allegations of assault against the other in-laws are general and omnibus. Keeping in mind the extent of complicity of the petitioner in the crime, we are inclined to grant bail to the petitioner. Accordingly, the petitioner 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 ACJM, Ranaghat, Nadia on condition that the petitioner 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 he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 3116 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)