Calcutta High Court (Appellete Side)
448/323/376/511/354/506/34 Of The ... vs In Re : Piyarul Sk. @ Piarul Sk. @ Pyarul Sk on 22 November, 2022
22.11.2022 26 sdas allowed CRM(DB) No. 4064 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Daulatabad Police Station Case No. 219 of 2022 dated 08.09.2022 under Sections 448/323/325/307/354/376/511/506/34 of the Indian Penal Code subsequently charge-sheet submitted under Sections 448/323/376/511/354/506/34 of the Indian Penal Code.
And In Re : Piyarul Sk. @ Piarul Sk. @ Pyarul Sk. ...... petitioner Mr. Somnath Adhikary .....for the petitioner Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ..... for the State Learned Counsel appearing for the petitioner submits he is in custody for 75 days. Investigation is complete. Petitioner prays for bail.
Learned Counsel appearing for the State opposes the prayer for bail.
We have considered the materials on record. Balancing the nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to him.
Accordingly, we direct that the petitioner shall 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 Chief Judicial Magistrate, Murshidabad at Berhampore, on condition that petitioner shall appear before 2 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 petitioner fails 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)