Md Sohel @ Sohel Azam And ANR v. State Of West Bengal

28.11.2022 tkm/ct 28 C.R.M. (DB) 4179 of 2022 sl no. 52 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Harishchandrapur P.S case no. 370 of 2022 dated 13.5.2022 under sections 302/120B of the IPC and Allowed In Re : Md. Sohel @ Sohel Azam & Anr.

...... petitioners Mr. Kallol Mondal Mr. K Roy Mr. Sourav Mukherjee Mr. S Das ...... for the petitioners Ms. Z N Khan Mr. Ashoke Das ...... for the State It is submitted on behalf of the petitioners that they are not the principal accused. They pray for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioners are not the principal accused. Co-accused Sanjeeda Bibi who was also present at the place of occurrence, was enlarged on bail. Under such circumstances, we are inclined to grant bail to the petitioners also.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Chanchal, Malda on condition that the petitioners 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 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. The application being CRM (DB) 4179 of 2022 is disposed of.

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