Md. Asad Ali Sk v. The State Of West Bengal

20.12.2023 sdas allowed CRM(DB) No. 4667 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 205 of 2023 dated 06.04.2023 under Sections 409/467/468/34 of the Indian Penal Code.

And In Re : Md. Asad Ali Sk. . ...... Petitioner Mr. Asraf Mondal ....for the petitioner Mr. Avra Mukherjee Ms. Eshita Dutta .... for the State 1.

Heard the learned Counsel for the petitioner.

2. We have considered the materials on record. Petitioner is in custody for 246 days. Co-accused has been enlarged on bail. There is no chance of abscondence. Under such circumstances, we are inclined to grant bail to the petitioner.

3. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnagar, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

4. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel his bail in accordance with law without further reference to this Court.

5. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)