Kitab Haslana And ANR v. State Of West Bengal

28.09.2020 b.das CRM 7137 of 2020 IA No. CRAN/1/2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.339 of 2020 dated 16.08.2020 under Sections 326/307/506/34 of the Indian Penal Code.

And In the matter of: Kitab Halsana & Anr.

....Petitioners.

Mr. Koustav Bagchi Mr. Amanul Islam ...for the Petitioners.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The application being IA No. CRAN/1/2020 is disposed of. Having considered the materials on record and bearing in mind the facts and circumstances of the case and as the victim has recovered and has been discharged from hospital and in view of the protracted period of detention suffered by him, that is 42 days, we are inclined to grant bail to the petitioners.

Accordingly we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Tehatta, Nadia subject to condition

that the petitioners 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. In the event the petitioners fail 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. The application for bail is, accordingly, allowed. CRM 7137 of 2020 is disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Kausik Chanda, J.) (Joymalya Bagchi, J.)