Kasem Sk. And ANR. v. State Of West Bengal

22.09.2023 Sl. No.41 akd [ALLOWED] C. R. M. (DB) 3688 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.09.2023 in connection with Islampur Police Station Case No.272 of 2023 dated 09.07.2023 under Sections 341/325/326/307/34 of the Indian Penal Code and Sections 25/27 of the Arms Act. (G.R. Case No.2162 of 2023) And In Re: Kasem Sk. & Anr.

... ... Petitioners Mr. Tapodip Gupta ... ... for the petitioners Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Arani Bhattacharyya Mr. Arijit Ganguli ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record including the injury report. Whether the injuries are life-threatening may be assessed during trial. Investigation is complete. Keeping in mind the aforesaid facts, we are of the opinion further detention of the petitioners is not necessary.

3. Therefore, the petitioners, namely (1) Kasem Sk. & (2) GM Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to condition that the said petitioners 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.

4. In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

5. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)