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Calcutta High CourtCRM (DB)/4426/2023allowed

Isarul Sk @ Shaikh And ANR v. State Of West Bengal And ANR

2023-11-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

24.11.2023 tkm/ct 28 C.R.M. (DB) 4426 of 2023 sl no. 36 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Murutia P.S case no. 119 of 2010 dated 5.8.2010 under sections 363/372//366(A)/376 of the IPC and Allowed In Re : Isarul Sk @Shaikh & Anr.

..... petitioners Mr. Asraf Mandal ...... for the petitioners Ms. Anasuya Sinha Ms. S Patel ...... for the State 1.

Heard learned lawyers for the parties.

2.

We have considered the materials on record. Statement of the victim is exonerative in nature.

3.

In view of the aforesaid change in circumstance, we are inclined to grant bail to the petitioners.

4.

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 Tehatta Nadia 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.

5.

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. 6.

The application being CRM (DB) 4426 of 2023 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)