Sahajahan Gayen @ Sahajahan Saikh v. The State Of West Bengal

14.02.2025 Serial no. 71 [Dd] (Bail allowed) CRM (DB) 3884 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rajapur Police Station Case No. 29 of 2024 dated 29.01.2024 under Sections 302/201 of the Indian Penal Code,1860 charge sheet submitted under Sections 302/201/120B of IPC.(GR case no. 218/2024) -AndIn the matter of : Sahajahan Gayen alias Sahajahan Saikh ... ... Petitioner Mr. Pronojit Roy, Mr. Ashutosh Mondal, Advocates ... ... For the Petitioner Mr. Subhomay Bhattaqcharya, Mr. Shashanka Sekhar Saha, Advocates ... ...For the State

1. Petitioner is in custody in excess of 11 months.

2. Police filed charge sheet.

3. Materials in the case diary do not suggest that there are any eye-witness who implicates the petitioner in the murder.

4. Apparently, police are proceeding on the basis of statements of co-accuseds made while in custody.

5. Considering the fact that police filed charge sheet and considering the period of detention and the materials in the case diary as against the petitioner, we grant bail to the petitioner.

6. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Signed By :

DEBABRATA DAS High Court of Calcutta 17 th of February 2025 12:47:59 PM

Additional Chief Judicial Magistrate, Uluberia, Howrah subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

8. The prayer for bail of the petitioner is allowed.

9. CRM (DB) 3884 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 17 th of February 2025 12:47:59 PM