Md. Jinnat Babul Islam v. The State Of West Bengal

CRM No.10766 of 2020 03.02.21 (S.R.) Sl.174 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Raiganj Police Station Case No.493 of 2020 dated 05.07.2020 under Section 302 of the Indian Penal Code; And In re: Md. Jinnat Babul Islam ... petitioner.

Mr. Sekhar Kumar Basu Mr. Somnath Banerjee Mr. A. Basu ... for the petitioner.

Mr. Sudip Ghosh Mr. Apurba Kr. Datta ...for the State.

Case diary is returned to the learned advocate appearing for the State. Mr. Basu, learned senior advocate appearing for the petitioner submits that the petitioner has been implicated in the case on the basis of surmises and conjectures and there are no direct evidence connecting the petitioner with the alleged offence. The learned senior advocate further submits that the petitioner is in custody for about 200 (two hundred days) and charge-sheet has already been filed as such, further detention of the petitioner is unwarranted.

Mr. Ghosh, learned advocate for the State opposes the petitioner's prayer for bail and submits that there are materials connecting the petitioner with the crime more particularly the statement of a jeweller.

We have perused the materials in the case diary and the statements of the witnesses who had been naming the petitioner and on an assessment of the same, as also the period of detention and the fact that charge sheet has already been submitted, we are of the opinion that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Md. Jinnat Babul Islam, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Raiganj, subject to the condition that the petitioner shall meet the officerin-charge of the Raiganj Police Station once in a week until further orders after he is released on bail.

The application for bail being CRM No.10766 of 2020 is, thus, allowed (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)