Abdul Basir v. State Of West Bengal

21.12.2021 sdas allowed CRM 8646 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 125 of 2021 dated 20.03.2021 under Sections 448/376 of the Indian Penal Code.

And In Re : Abdul Basir ...... petitioner Mr. A. Chakraborty Mr. A. Sarkar Mr. S. Mukherjee .....for the petitioner Mr. Arijit Ganguly Ms. Sujata Das ..... for the State It is submitted by the learned Counsel appearing for the petitioner that the petitioner has been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes prayer for bail.

Having considered the materials on record and keeping in mind the facts and circumstances of the case and the period of detention suffered by the petitioner, we are of the opinion that further detention of the petitioner is not necessary and he may be granted bail.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Additional Chief Judicial Magistrate,

Chanchal, Malda, subject to the conditions that the petitioner shall meet the investigating officer once in a week until further orders and shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court. The application for bail is, accordingly, allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)