Sk Rejabul And ANR v. State Of West Bengal

23.12.2022 Sl. No.26 akd [ALLOWED] C. R. M. (DB) 4534 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.12.2022 in connection with Tamluk Police Station Case No.193 of dated 16.03.2022 under Sections 120B/323/326/34/354(B)/379/406/420/506 of the Indian Penal Code. (G.R. Case No.709 of 2022) And In Re: Sk. Rejabul & Anr.

... ... Petitioners Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... ... for the petitioners Mr. S. S. Imam Mr. S. Kundu ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 40 days.

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

We have considered the materials on record. Balancing the nature of accusation with the period of detention suffered by the petitioners, we are of the opinion further detention of the accuseds/petitioners is not necessary.

Therefore, the accuseds/petitioners, namely (1) Sk. Rejabul & (2) Sk. Mahammad Elias, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur at Tamluk subject to condition that the said petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)