Tokan Shaikh @ Sk v. The State Of West Bengal

46.

10.09.2024 Court No.6 (Tanmoy) Allowed CRM (DB) 2794 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Palashipara Police Station Case No. 08/2024 dated 02.01.2024 under Sections 341/326/307/379/506/34 of the Indian Penal Code. And In the matter of: - Tokan Shaikh @ Sk.

...petitioner.

Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. Iqbal Kabir Ms. Chandreyi Dutta ...for the State.

1. Heard learned Counsel for the parties.

2. We have considered the materials on record. The petitioner is in custody for 54 days.

3. Keeping in mind the facts and circumstances of the case and the period of detention suffered by the petitioner, we are of the opinion, further custodial detention of the petitioner is not necessary.

4. Accordingly, we direct the petitioner, namely, Tokan Shaikh @ 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 Additional Chief Judicial Magistrate, Tehatta, Nadia, subject to condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders Signed By :

TANMOY GHOSH High Court of Calcutta 13 th of September 2024 11:39:38 AM

and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

6. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 13 th of September 2024 11:39:38 AM