Khairul @ Khayrul Sk v. State Of West Bengal

21.12.2023 Sl. No.76 akd [ALLOWED] C. R. M. (DB) 4704 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.12.2023 in connection with Kaliganj Police Station Case No.523 of dated 07.08.2023 under Sections 341/325/326/307/34 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act.

And In Re: Khairul @ Khayrul Sk.

... ... Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee ... ... for the petitioner Mr. Sanjib Kumar Dan ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 56 days. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Though injuries arose out of a bomb blast, victims were treated as outdoor patients and not hospitalised. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Khairul @ Khayrul Sk., 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, Nadia at Krishnanagar 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)