Sadaf Hossain @ Masum And ANR. v. State Of West Bengal

13.12.2024 Sr. No. 41 Ct. No. 28.

AB (Allowed) C.R.M. (DB) 3982 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Amherst Street Police Station Case No.67 of 2024 Dated 06.05.2024 under Sections 307/326/34 of the Indian Penal Code In the matter of : Sadaf Hossain @ Masum & Anr. ....Petitioners.

Mr. Anshuman Chakraborty Mr. S. S. Saha .....For the Petitioners.

Mr. Suman De, Mr. Subhasish Datta .....For the State.

1. Heard learned Advocates for the parties.

2. We have considered the materials on record. Petitioners are in custody for 201 days. Whether injuries are lifethreatening may be assessed during trial. There is no chance of abscondence. Offences, even if proved, would not attract mandatory life imprisonment. Under such circumstances, we are inclined to grant bail to the petitioners.

3. Accordingly, the petitioners, namely, Sadaf Hossain @ Masum and Danish @ Md. Aurangjeb shall be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judge, City Sessions Court, Calcutta, subject to condition that they Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 17 th of December 2024 02:42:35 PM

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 or commit similar offences in future and on further conditions that the petitioners while on bail shall remain within the city of Kolkata and report to the Officer-in-charge of Amherst Police Station once in a week until further orders.

4.

In the event petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

5. This application for bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)