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2025 DAILYLAW 25245 (CAL)

MD ISTHAHKAM @ RAJU @ RAJUA v. STATE OF WEST BENGAL

CRM(R)/40/2025 · 2025-06-12

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

June 12, 2025 23 ARDR (Allowed) CRM (R) 40 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kamarhati Police Station Case No. 02 of 2024 dated 04/1/2024 under Sections 341/326/307/34/120B of the Indian Penal Code and Sections 25/27 of the Arms Act. And In Re : Md. Isthahkam @ Raju @ Rajua ... Petitioner. Adv. Akashdeep Mukherjee, Adv. Rini Bhadra, Adv. Soumyadeep Nag, Adv. Soumali Das ... for the petitioner. Adv. Sahila Afrin, Adv. Asraf Mandal, ... for the State. The petitioner is in custody for more than a year and prays for bail. Learned counsel for the petitioner submits that the petitioner is not the principal assailant and no recovery was made from him. Learned counsel for the State opposes the prayer. I have considered the material on record. Though the petitioner was found to be present at the place of occurrence in the CCTV footage, he does not appear to be the principal assailant. He was a member of the gang who attacked the victim. Considering the material on record as well as extent of complicity of the petitioner in the alleged offence, prayer for bail is allowed subject to stringent conditions. Accordingly, the prayer for bail is allowed. The petitioner namely Md. Isthahkam @ Raju @ Rajua be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten 2 Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial, Barrackpore, North 24 Parganas subject to the condition that he shall not enter the district of North 24 Parganas except for the purpose of appearing before the learned trial Court on every date of hearing. He shall furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under whose jurisdiction he shall henceforth reside. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions as stated above, the learned 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 disposed of. Case Diary be returned. 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.)