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Calcutta High CourtCRM (DB)/4074/2022allowed

Mir Miktar Ali @ Mir Muktar Ali v. State Of West Bengal

2022-11-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

22.11.2022 tkm/ct 28 C.R.M. (DB) 4074 of 2022 sl no. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Singur P.S case no. 357 of 2022 dated 25.8.2022 under sections 417/376(2)(n)/120B of the IPC and Allowed In Re : Mir Miktar Ali @ Mir Muktar Ali ...... petitioner Md. Bani Israil Mr. A Singh ...... for the petitioner Ms. Z N Khan Mr. Ashok Das ...... for the State Petitioner is a neighbour of the victim girl. It is submitted there was a love affair between the parties. He has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the statement of the victim girl. In her statement the victim has referred to an amorous relationship between the parties. Keeping in mind the aforesaid facts and period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM, Chandannagore on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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. The application being CRM (DB) 4074 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)