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Calcutta High CourtCRM (DB)/4436/2022allowed

Raju Molla @ Mustafizur Molla v. State Of West Bengal

2022-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

16.12.2022.

38.

as (Allowed) C.R.M. (DB) 4436 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kulpi P. S. Case No.202 of 2021 dated 06.07.2021 under Sections 302/34 of the Indian Penal Code and charge sheet submitted under Sections 302/201/120B/34 of the Indian Penal Code. In the matter of : Raju Molla @ Mustafizur Molla. .... Petitioner.

Mr. Kallol Mondal, Mr. Musharaf Alam Sk, Mr. Krishan Ray, Mr. Souvik Das, Mr. Shamsher Ansari.

...for the Petitioner.

Mr. Neguive Ahamed, ld. A.P.P., Ms. Zareen N. Khan, Ms. Ayantika Roy.

...for the State.

Mr. Baidurya Ghosal, Mr. P. Sinha Roy, Ms. Avipsha Dutta Roy, Ms. Payel Ghosh.

...for the de-facto complainant.

Heard the learned Advocates for the parties.

Petitioner is in custody for 107 days. His name transpired in the course of further investigation. Supplementary charge sheet has been filed. Co-accuseds similarly circumstanced with petitioner have been enlarged on bail.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Raju Molla @ Mustafizur Molla 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

Additional Chief Judicial Magistrate, Diamond Harbour, South 24-Paraganas subject to condition 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.

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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)