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Calcutta High CourtCRM (DB)/4495/2023allowed

Uttam Sikdar @ Raju v. The State Of West Bengal

2023-12-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

19.12.2023.

101.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4495 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Asansol (North) P.S. Case No.372 of 2022 dated 31.08.2022 under Sections 302/201/120B of the Indian Penal Code.

In the matter of : Uttam Sikdar @ Raju.

.... Petitioner.

Mr. Avik Ghatak, Mr. Saibal Kr. Dasgupta.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Ms. Sonali Bhar.

...for the State.

1.

Petitioner contends co-accused viz., Sani Kumar Singh @ Sani Singh has been enlarged on bail. Allegations even if proved would at its height implicate him in disposal of the dead body.

2.

Learned Advocate for State opposes the bail prayer. He contends petitioner had arranged the vehicle for disposing the dead body.

3.

We have considered the materials on record. Petitioner stands on the same footing as co-accused viz., Sani Kumar Singh @ Sani Singh who is on bail.

4.

Accordingly, we are inclined to extend the same relief to the petitioner also.

5.

Accordingly, the petitioner viz., Uttam Sikdar @ Raju 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 Chief Judicial

Magistrate, Paschim Bardhaman subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)