Rajesh Sk. @ Azad Sekh v. State Of West Bengal

28.

18.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4008 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Katwa Police Station Case No.249/2024 dated 20.03.2024 under Sections 341/326/307/302/34 of the IPC, 1860.

And In the matter of: - Rajesh Sk. @ Azad Sekh.

...petitioner.

Mr. Debapriya Samanta ...for the petitioner.

Mr. Saibal Bapuli, Ld. A.P.P., Ms. Debjani Dasgupta ...for the State.

1. Materials in the case diary including the statements recorded under Section 164 Cr.P.C. suggest that the victim fell down while watching the ongoing fight amongst two groups.

2. Considering such materials in the case diary, we grant bail to the petitioner.

3. Accordingly, we direct that the petitioner, namely, Rajesh Sk. @ Azad Sekh. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned A.C.J.M., Katwa, Purba Bardhaman. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of

the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

4. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

5. The application for bail being CRM (DB) 4008 of 2024 is, thus, disposed of.

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