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2025 DAILYLAW 18757 (CAL)

SK. ADUL HAMID @ ABDUL HAMID @ COTTU @ CHHOTTU AND ANR. v. STATE OF WEST BENGAL

CRM(M)/96/2025 · 2025-05-07

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.05.2025 24 jb. jdt. Allowed C.R.M. (M) 96 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Panskura Police Station Case No. 183 dated 16.04.2021 under Sections 341/342/363/364/365/368/379/120B/506/195A/34 of the Indian Penal Code. And In Re : Sk. Abdul Hamid @ Abdul Hamid @ Chottu @ Chhottu & Anr. Mr. Ayan Bhattacharjee Ms. Rita Das ... For the Petitioners. Mr. Ranabir Roychowdhury Mr. S. Balial ... For the State. Mr. Soumya Nag Mr. Aditya Tiwari … For the Defacto complainant The petitioners are in custody for more than a year and renew their prayer for bail. They seek parity with co-accused Mujibar Rahaman @ Sk. Mujibar Rahaman who has been granted bail by learned Sessions Judge, Purba Medinipur. Learned counsels for the State and the defacto complainant oppose the prayer and submit that the defacto complainant is being examined in this case and release of the petitioners on bail at this stage may hamper the trial. I have considered the material on record. The petitioners are in custody for more than a year and appear to be similarly circumstanced with the co-accused on bail. In turning down the bail prayer of the petitioners earlier, this Court took into consideration the fact that trial in the murder of Kurban Sha case 2 was in progress. This Court is informed that 70 witnesses including the eye witnesses have been examined. Considering the material on record as well as the stage of trial in Kurban Sha murder case, this Court is of the view that further detention of the petitioners is not required. They may be granted bail subject to stringent conditions. Accordingly, the prayer for bail is allowed. The petitioners namely Sk. Abdul Hamid @ Abdul Hamid @ Chottu @ Chhottu and Bapan @ Sarat Mondal shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur subject to condition that they shall remain outside the jurisdiction of Panskura police station and shall furnish the address where they shall presently reside before the learned trial Court, the investigating officer and the concerned officer in charge of the police station under whose jurisdiction they shall presently reside. The petitioners shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. They shall not tamper with evidence or intimidate witnesses in any manner whatsoever. The petitioners shall furnish their mobile numbers before the learned trial Court and the investigating officer and shall not change the said numbers without intimation to the said authorities. In the event the petitioners fail to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. The application for bail is disposed of. Case diary be returned. 3 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)