Mehidi Malitha @ Mehedi Malitha @ Lal Miya @ Mehedi Malithya v. State Of West Bengal
17.02.2025 Ct. No. 26 Item No.33 SB C.R.M. (DB) 3886 of 2024 In Re: - An application for bail under Section 439 of Code of Criminal Procedure / 483 of the B.N.S.S. 2023 in connection with Tehatta P.S. Case No. 92 of 2022 dated 09.02.2022 under Sections 394/397 of the IPC and Sections 25 /27 of the Arms Act.
In the matter of : Mehidi Malitha @Mehedi Malitha @ Lal Miya @ Mehedi Malithya Mr. Jaydeep Biswas Mr. Asraf Mandal ....for the petitioner Mr. Madhusudan Sur Mr. Subhajit Chowdhury ....for the State
1. In a case with regard to robbery as also the victim suffering a gunshot wound, the victim was examined at the trial. Victim failed to identify the petitioner before us as the assailants at the trial.
2. Out of thirteen prosecution witnesses two vital witnesses of the prosecution were examined who apparently failed to established the case as against the petitioner.
3. In such circumstances, we grant bail to the petitioner.
4. 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 Additional Chief Judicial Magistrate, Tehatta, Nadia subject to Signed By :
SAURABH BANDYOPADHYAY High Court of Calcutta 17 th of February 2025 05:32:25 PM
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.
5. 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.
6. The prayer for bail of the petitioner is allowed.
7. CRM (DB) 3886 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
SAURABH BANDYOPADHYAY High Court of Calcutta 17 th of February 2025 05:32:25 PM