Md Jamal @ Md Kalu v. State Of West Bengal

27.08.19 Sl. No.6 Ct. No.1 akd [ALLOWED] CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri C. R. M. 715 of 2019 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.08.2019 in connection with Siliguri Police Station Case No. 258 of 2019 dated 24.04.2019 under Sections 325/307/506 of the Indian Penal Code. (G.R. Case No.1168 of 2019) And In Re: Md. Jamal @ Md. Kalu ... ... Petitioner Mr. Sudip Guha .. Advocate ... ... for the petitioner Mr. Kallol Acharjee .. Advocate Ms. Namrata Das .. Advocate ... ... for the State The petitioner is seeking bail in connection with a case relating to offences punishable under Sections 325/307/506 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 47 days.

Learned Counsel for the State produces the case diary and opposes the prayer for bail.

Having considered the materials on record and bearing in mind the nature of allegations and in view of the period of detention suffered by the petitioner, we are of the opinion that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Md. Jamal @ Md. Kalu, be released on bail upon furnishing 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 Additional Chief Judicial Magistrate, Siliguri 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.

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. The application for bail, thus, stands allowed. (Manojit Mandal, J.) (Joymalya Bagchi, J.)