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Calcutta High CourtCRM (DB)/3537/2022allowed

Md. Arshad v. State Of West Bengal

2022-10-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Supratim Bhattacharya2 pages

13.10.2022.

Ct.No.28 28.

as/dg (Allowed) C.R.M. (DB) 3537 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Topsia P. S. Case No.68 of 2021 dated 20.05.2021 under Sections 307/34 of the Indian Penal Code read with Section 25(1-B)(a)/27 of the Arms Act.

In the matter of : Md. Arshad.

.... Petitioner.

Mr. Avik Ghatak, Mr. Sagnik Mukherjee, Mr. Soham De Dhara.

...for the Petitioner.

Mr. N. Ahmed, ld. A.P.P.

Mr. Rudradipta Nandi.

...for the State.

Petitioner renews his prayer for bail. It is contended coaccused has been enlarged on bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Co-accused has been enlarged on bail.

Keeping in mind the aforesaid fact, we are inclined to extend the same privilege to the petitioner also. Accordingly, 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 Additional Chief Judicial Magistrate, Sealdah subject to condition that he 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 and on further condition that the petitioner shall not leave the jurisdiction of Entally Police Station except for the purpose of attending court proceedings and shall appear before the Officer-in-charge of the Entally Police Station once in a week until further orders.

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

The application for bail is, thus, disposed of. (Supratim Bhattacharya,J.) (Joymalya Bagchi, J.)