Sambhu Mahata v. State Of West Bengal

17.10.2023 sdas allowed CRM(DB) No. 4063 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jamboni Police Station Case No. 112 of 2023 dated 17.08.2023 under Sections 325/307 of the Indian Penal Code.

And In Re : Sambhu Mahata ...... petitioner Mr. Rahul Ganguly ....for the petitioner Mr. Atif Ahmed Siddiqui .... for the State

1. Heard the learned Counsels for the parties.

2. We have considered the materials on record. There was scuffle between brothers. Investigation is complete. Petitioner is in custody for 58 days. There is no chance of abscondence. Hence, we are inclined to grant bail to the petitioner.

3. Accordingly, we direct that 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, Jhargram, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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

5. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)