Hafijul Shaikh @ Sekh v. State Of West Bengal

12.10.2023.

25.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3970 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chapra P.S. Case No.188 of dated 04.04.2023 under Sections 498A/302/304B/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Hafijul Shaikh @ Sekh.

.... Petitioner.

Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Ms. Faria Hossain, Ms. Mamata Jana.

...for the State.

1.

Petitioner is in custody for 184 days. He contends victim lady committed suicide over a domestic quarrel. Investigation is complete. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Petitioner is in custody for 184 days. Investigation is complete. Co-accused are on bail.

4.

Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz, Hafijul Shaikh @ Sekh 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, Nadia at Krishnagar 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. Before release, petitioner shall deposit the passport before the Trial Court. 6.

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.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)