Sekh Hasmat v. The State Of West Bengal

17.02.2025 Item No.61 Court No.26 Allowed CHC CRM (DB) 3976 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973, corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kankartala Police Case No. 142 of 2023 dated 21.12.2023 under Sections 302/120(B)/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Sekh Hasmat ... ... Petitioner Mr. Soumyajit Das Mahapatra, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Ld. Jr. Govt. Advocate Mr. Aritra Bhattacharya, Advocate ... ...For the State

1. Petitioner claims for parity with other co-accused who were enlarged on bail by the coordinate Bench on May 9, 2024 passed in CRM(DB) 1471 of 2024, June 24, 2024 passed in CRM(DB) 1682 of 2024 and December 11, 2024 passed in CRM(DB) 3823 of 2024 is not being disputed on behalf of the State.

2. In such circumstances, we extend the same facility to the petitioner.

3. Accordingly, we direct that the petitioner, namely, Sekh Hasmat 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 Judicial Magistrate, Dubrajpur, Birbhum and on further conditions that he shall not leave the jurisdiction of the concerned police Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of February 2025 05:43:14 PM

station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders.

4. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

5. 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.

6. The prayer for bail of the petitioner is allowed.

7. CRM(DB) 3976 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of February 2025 05:43:14 PM