Sajahan Sk v. State Of West Bengal

30.11.2022 sdas allowed CRM(DB) No. 4215 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 577 of 2021 dated 13.12.2021 under Sections 341/323/325/326/307/379/506/34 of the Indian Penal Code.

And In Re : Sajahan Sk. ...... petitioner Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatun .....for the petitioner Mr. Binay Panda Ms. Puspita Saha ..... for the State Mr. Debapriya Samanta Md. Jannat Ul Firdous .... for the de facto complainant Learned Counsel appearing for the petitioner submits there was dispute over marriage negotiations. Both parties suffered injuries. Petitioner prays for bail.

Learned Counsel appearing for the State opposes the prayer for bail and submits victims suffered grievous injuries. We have considered the materials on record. There was free fight as marriage negotiations failed. Both parties suffered injuries. Keeping in mind the aforesaid facts, we are inclined to grant bail to the petitioner.

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, Lalbagh, Murshidabad, subject to condition 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.

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.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)