Sirajul Sekh v. State Of West Bengal

09.

21.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4226 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Panchla Police Station Case No.183/2024 dated 04.06.2024 under Sections 341/326/307/212 of the IPC, 1860 & Section 4 of the Child Marriage Act.

And In the matter of: - Sirajul Sekh.

...petitioner.

Mr. Sk. Toslim Ali ...for the petitioner.

Mr. Anand Keshri, Mr. Arka Chakraborty ...for the State.

1. Victim suffered fracture of right parietal and right parietal bone with scalp hematoma.

2. Police filed charge-sheet.

3. Petitioner is in custody in excess of 230 days. Need for custodial trial of the petitioner is not felt.

4. In such circumstances, we grant bail to the petitioner.

5. Accordingly, we direct that the petitioner, namely, Sirajul Sekh. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned C.J.M., Howrah. The petitioner shall appear before the trial Court on

each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

7. The application for bail being CRM (DB) 4226 of 2024 is, thus, disposed of.

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