Sk. Samsuddin v. The State Of West Bengal

19.02.2025 Item no. 29.

Court No.29.

AB (Allowed) CRM (DB) 32 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mahishadal Police Station Case No.418 of 2024 Dated 23.09.2024 under Section 309(4)/309(6)/115(2)/118(1)/109/317(2)/317(4)/112(2) 311 of the B.N.S. 2023 And In the matter of : Sk. Samsuddin ......Petitioner.

Mr. Swapan Kr. Mallick, Ms. Sudeshna Das ......for the Petitioner.

Mr. Saryati Dutta, Mr. Bikram Mitra ......for the State.

Dictated by Apurba Sinha Ray, J.

1.

Learned Counsel for the petitioner has submitted that the petitioner is in custody for about 149 days. Investigation is complete. As such, there is no need for further custodial detention of the petitioner. There is no chance of an early conclusion of the trial.

2.

Opposing the prayer for bail, learned State Counsel draws our attention to the material in the case diary. He has also pointed out that the complainant is being threatened by the brother of the present petitioner for which a separate case has been started.

3.

We have considered the materials in the case diary. We find that investigation is complete. We have also considered the medical report as well as seizure list. Since investigation is complete, we are of the opinion that there is no need for further custodial detention of Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 19 th of February 2025 06:05:53 PM

the petitioner. Hence, we are inclined to enlarge him on bail, but on stringent conditions.

4.

Accordingly, we direct that the petitioner, namely SK. SAMSUDDIN 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 Additional Chief Judicial Magistrate, Haldia, and on further conditions that he shall remain within the jurisdiction of the Haldia Police Station and shall report to the Inspector-in-Charge of the Haldia Police Station once in a fortnight until further orders.

5.

The 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 and/or commit any cognizable offence in any manner whatsoever.

6.

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

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)