Julfikar Ali @ Butto @ Julfikkar Ali v. The State Of West Bengal

19.02.2025 Item No.41 Court No.26 Allowed CHC CRM (DB) 4164 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/483 of the Bharatiya Nagarik Suraksha Sanhita 2023, in connection with Hariharpara Police Station Case No. 356 of 2024 dated 10th of June 2024 under Sections 302/120B/34 of the Indian Penal Code, 1860 and under Sections 25/27 of the Arms Act.

-AndIn the matter of : Julfikar Ali @ Butto @ Julfikkar Ali ... ... Petitioner Mr. Arnab Chatterjee, Advocate Ms. Dhanasree Biswas, Advocate Ms. Poulami Bose, Advocate ... ... For the Petitioner Mr. Saryati Dutta, Advocate Mr. Debarshi Brahma, Advocate ... ...For the State

1. Petitioner is in custody for 120 days.

2. Police filed charge sheet.

3. Petitioner was not named in the First Information Report.

4. Statements recorded under Section 164 of the Criminal Procedure Code do not disclose the name of the petitioner as involved in the crime of murder. Two of the persons who recorded statements under Section 164 of the Criminal Procedure Code subsequently recorded statements under Section 161 thereof trying to implicate the petitioner as master mind. Possibility of false implication exists in view of the fact that the petitioner is an ex Pradhan of a Gram Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of February 2025 05:54:32 PM

Panchayat and subscribe to political ideology which is different to the rulling party.

5. In such circumstances, we are inclined to grant bail to the petitioner.

6. 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, at Berhampore, Murshidabad, 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.

7. 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.

8. The prayer for bail of the petitioner is allowed.

9. CRM(DB) 4164 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of February 2025 05:54:32 PM