Abdul Kaiyum Miah@Kaiyum Miah@Karim Mia v. State Of West Bengal

In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 26.07.2022 cm/ct 28 C.R.M.(DB) No. 269 of 2022 sl no. 7 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Sitalkuchi P.S Case No. 49 of 2022 dated 14.03.2022 under Sections 302/34 of the Indian Penal Code, 1860. And Allowed In Re : Abdul Kaiyam Miah @ Kaiyum Miah @ Kayum Mia ..... petitioner Mr. Arnab Saha ...... for the petitioner Mr. Aditishankar Chakraborty, Ld. A.P.P.

Mr. Biswarup Roy ...... for the State Petitioner is in custody for 114 days. He submits that investigation is complete. He further submits co-accused has been enlarged on bail.

Learned lawyer for the State opposes the prayer for bail. He submits on the leading statement of the petitioner a lathi was recovered.

We have considered the materials on record including statement of witnesses recorded under Section 164 Cr.P.C. The witnesses stated that the assailants wore mask and they could not be identified.

In view of the aforesaid fact and as co-accused has been enlarged on bail, we are inclined to grant bail to the petitioner. Accordingly, the petitioner 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, Mathabhanga, Cooch Behar

on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event petitioner 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 being CRM(DB) No. 269 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)