Samim Sk @ Samim Seikh v. State Of West Bengal
20.01.2023 Sl. No.16 akd [ALLOWED] C. R. M. (DB) 4617 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.12.2022 in connection with Rampurhat Police Station Case No.49 of 2019 dated 25.02.2019 under Sections 341/314/326/307/34 of the Indian Penal Code and Sections 25/27 of the Arms Act. (G.R. Case No.204 of 2019) And In Re: Samim Sk. @ Samim Seikh ... ... Petitioner Mr. Angshuman Chakrabroty Mr. Shashanka Shekhar Saha ... ... for the petitioner Mr. Prasun Kr. Datta Mr. Pradipta Ganguly ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 305 days. Report is placed on record. From the report it appears case has been committed to the Court of Sessions.
We have considered the materials on record. There is little possibility of the trial concluding in the near future. Balancing the nature of accusation with the 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 Samim Sk. @ Samim Seikh, 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, Rampurhat, Birbhum 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.)