Abbas Ali Sekh v. State Of West Bengal

13.12.2022 tkm/ct 28 C.R.M. (DB) 4370 of 2022 sl no. 33 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S case no. 142 of 2022 dated 16.2.2022 under sections 341/325/326/34 of the IPC adding section 307 IPC and Allowed In Re : Abbas Ali Sekh ...... petitioner Ms. S Bhattacharyya Mr. A Mukherjee ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State Petitioner is in custody for two and a half month. He prays for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Victim suffered fracture on the hand i.e non-vital part of the body. Under such circumstances, we are inclined to grant bail to the petitioner, however, subject to conditions. Accordingly, the petitioner 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 ACJM, Ranaghat, Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter the jurisdiction of Santipur P.S except for purpose of investigation and attending court proceeding and shall provide address where he shall presently reside to the investigating officer as well as to the court below and shall report

to the Officer-in-Charge of the P.S concerned within whose jurisdiction he shall presently reside once in a week until further orders.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 4370 of 2022 is disposed of.

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