Nurabul Sk @ Islam v. State Of West Bengal

16.10.2023 Sl. No.43 akd [ALLOWED] C. R. M. (DB) 4010 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.10.2023 in connection with Raninagar Police Station Case No.398 of 2023 dated 24.07.2023 under Sections 147/148/149/325/326/307/506/34 of the Indian Penal Code read with Sections 3/4 of the Explosive Substances Act. (G.R. Case No.2408 of 2023) And In Re: Nurabul Sk. @ Islam ... ... Petitioner Mr. Mrityunjoy Chatterjee Mr. Manas Das Mr. Tusar Hazra ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Subrata Roy ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about three weeks. It is further submitted there was a skirmish between two political groups before the Panchayat election. Injuries were suffered at both ends. Petitioner has been falsely implicated. Co-accused have been enlarged on bail. Accordingly, he prays for bail.

2. Learned Additional Public Prosecutor opposes the prayer for bail.

3. We have considered the materials on record. Allegations are general and omnibus. Co-accused have been enlarged on bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

4. Therefore, the accused/petitioner, namely Nurabul Sk. @ Islam, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 petitioner 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.

5. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)