CRM/9058/2021 of SAMIM SK Vs STATE OF WEST BENGAL on 30 December 2021

CRM 9058 of 2021

In Re: - An application for bail under Section 439 of the Code ofCriminal Procedure in connection with Kaliachak P.S. CaseNo.699/2021 dated 06.07.2021under Sections364(A)/365/302/34 of the Indian Penal Code.

And

In the matter of: Samim Sk.

….Petitioner.

Mr. Mrityunjoy Chatterjee,Mr. S. Bhattacharyya,Mr. D. Mondal,Mr. S.B. Roy.Mr. Anowar Hossain,Mrs. Debjani Sahu.

…for the Petitioner.

…for the State.

The petitioner is in custody for a period of six months.

Having considered the statements of the accused persons, the factthat two of the accused persons, who apparently are in the same footing asthe petitioner have not been charge-sheeted although allegations have beenmade against all of them in the statements of the witnesses recorded underSection 161 of the Code of Criminal Procedure as also before the learnedMagistrate recorded under Section 164 of the Code, this Court is of theopinion that the prayer for bail be allowed.

Accordingly, the petitioner is directed to be released on bail uponfurnishing a bond of Rs. 20,000/- each with two sureties of like amounteach, one of whom must be local, to the satisfaction of the Learned ChiefJudicial Magistrate, Malda subject to the condition that during bail he shallappear before the learned trial court regularly on every date so fixed and heshall not intimidate witnesses or tamper with evidence in any manner.

In the event the petitioner fails to comply with the conditions asenshrined hereinbefore, it is open to the trial court to cancel the bailwithout any further reference to this Court.

The application for bail is, thus, disposed of.

(Bibhas Ranjan De, J.)

(Shampa Sarkar, J.)