Siraj Shah v. State Of West Bengal

17.02.2025 Item No.55 Court No.26 gd/ssd (Bail granted) CRM (DB) 3965 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hariharpara Police Station Case No. 191 of 2021 dated 17.05.2021 under Sections 302/34 of the Indian Penal Code.

-AndIn the matter of : Siraj Shah ... ... Petitioner Mr. Parthapratim Das Mr. Monajit Chakraborti ... ... For the Petitioner Ms. Nandini Chatterjee ... ...For the State Petitioner prays for bail on the ground of parity with the co-accused who was granted bail by the order dated August 14, 2024 passed in CRM (DB) 2172 of 2024. Learned advocate appearing for the State opposes the prayer for grant of bail. She submits that the petitioner was absconding.

Co-accused who was granted bail on August 14, 2024 passed in CRM (DB) 2172 of 2024 was arrested on September 6, 2023 in respect of the police case dated May 17, 2021.

Issue of absconsion was there.

Nonetheless, Coordinate Bench proceeded to grant bail to the co-accused therein.

In such circumstances, on the ground of parity we grant bail to the petitioner before us.

Accordingly, we direct that the petitioner, namely, Siraj Shah 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 Chief Judicial Magistrate, Murshidabad, and on further conditions that the present accused petitioner shall appear before the Trial Court on each date of substantive hearing subject to the provisions of Section 317 Cr.P.C. until further orders and he shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 3965 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)