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Calcutta High CourtCRM (DB)/4169/2024allowed

Sk Aktar Hossain @ Sk Aktar Husen @ Shek Akthar Husen v. State Of West Bengal

2025-02-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.02.2025 Item No.44 Court No.26 Allowed CHC CRM (DB) 4169 of 2024 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, (under Section 439 of the Code of Criminal Procedure, 1973) in connection with Tarakeswar Police Station Case No. 107 of 2024 dated 04.04.2024 under Sections 448/326/307/34 of the Indian Penal Code.

-AndIn the matter of : Sk. Aktar Hossain @ Sk. Aktar Husen @ Shek Akthar Husen ... ... Petitioner Mr. Suman Chakraborty, Advocate ... ... For the Petitioner Mr. Debasis Roy, Ld. P.P.

Mr. Bidyut Kumar Roy, Advocate Ms. Snigdha Saha, Advocate ... ...For the State

1. Co-accused was granted bail by the coordinate Bench on November 7, 2024 passed in C.R.M.(DB) 2766 of 2024.

2. Police filed charge sheet.

3. Petitioner is in custody in excess of 290 days.

4. State claims that, the petitioner before us is the principal assailant.

5. Since, police filed charge sheet, considering the period of detention of the petitioner, nature of the incident and the possibility of the trial not ending any time soon, 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 Signed By :

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

whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Chandernagore, Hooghly, 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) 4169 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