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Calcutta High CourtCRM (DB)/4512/2022allowed

Ansar Ali @ Pintu Sk v. State Of West Bengal

2022-12-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

22.12.2022 Sl. No.27 akd [ALLOWED] C. R. M. (DB) 4512 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.12.2022 in connection with Bhagwangola Police Station Case No.339 of 2022 dated 14.05.2022 under Sections 325/307/506 of the Indian Penal Code. (G.R. Case No.1495 of 2022) And In Re: Ansar Ali @ Pintu Sk.

... ... Petitioner Mr. Biswajit Sarkar ... ... for the petitioner Mr. Binay Panda Mrs. Puspita Saha ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 40 days.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record including the injury report. Whether the injury is life-threatening or not requires to be assessed during trial. Keeping in mind the aforesaid circumstance and period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Ansar Ali @ Pintu Sk., 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 Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to condition that the said petitioner 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 he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)