Sahidul Sk @ Sahidul Shaikh v. State Of West Bengal

04.09.2023 sdas allowed CRM(DB) No. 3447 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 188 of 2023 dated 04.04.2023 under Sections 498A/302/304B/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And In Re : Sahidul Sk. @ Sahidul Shaikh ...... petitioner Mr. Arnab Chatterjee Mr. M. M. Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ....for the petitioner Mr. S. G. Mukherji, learned PP Mr. P. P. Das Mrs. Manasi Roy ..... for the State

1. Learned Counsel for the petitioner submits he is in custody for 87 days. It is also submitted that he is the brother-inlaw of the victim lady. Another co-accused brother-in-law has been granted anticipatory bail. He prays for bail.

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

3. We have considered the materials on record. Petitioner stands on the same footing with co-accused who has been granted anticipatory bail. Under such circumstances, we are inclined to grant bail to the petitioner also.

4. Accordingly, we direct that the petitioner 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, Krishnagar, Nadia, subject to condition that petitioner 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.

5. 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 in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)