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Calcutta High CourtCRM (DB)/4146/2024allowed

Abdul Lahil Mallick @ Bakir @ Abdul Lahilbaki Mallick v. The State Of West Bengal

2025-02-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.02.2025 Item No.78 Court No.26 S.D.

(Bail granted) CRM (DB) 4146 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nakashipara Police Station Case No. 382 of 2024 dated 19.04.2024 under Sections 323/325/326/307/302 & 34 of the Indian Penal Code, 1860. -AndIn the matter of : Abdul Lahil Mallick @ Bakir @ Abdul Lahilbaki Mallick ... ... Petitioner Mr. Sumanta Das Mr. Avilash Tripathy Mr. Suman Biswas ... ... For the Petitioner Ms. Rituparna De Ghose Mr. Ronit Mukherjee ... ...For the State Apparently, there were property disputes between the private parties. Apparently, the death occurred as a result of a free fight.

There is a delay in recording the statement under Section 161 of the Cr.P.C. which purports to implicate the petitioner.

The offending weapon was not recovered from the petitioner.

Considering such aspect of the period of detention of the petitioner, we grant bail to the petitioner.

Accordingly, we direct that the petitioner shall 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 Chief Judicial Magistrate, Krishnagar, Nadia, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 4146 of 2024 is disposed of.

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