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2025 DAILYLAW 41848 (CAL)

LABU SK v. STATE OF WEST BENGAL

CRM (DB)/3168/2024 · 2025-04-29

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

April 29, 2025 (8-10) ARDR CRM (DB) 2707 of 2024 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the IPC filed in connection with Kandi Police Station Case No. 600 of 2023 dated 04/10/2023 under Sections 420/465/466/467/468/469/471/ 472/473/474/120B of the Indian Penal Code. And In Re : Ajijul Sk ... Petitioner. With CRM (DB) 3168 of 2024 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the IPC filed in connection with Kandi Police Station Case No. 600 of 2023 dated 04/10/2023 under Sections 420/465/466/467/468/469/471/ 472/473/474/120B of the Indian Penal Code. In Re : Labu Sk. ... Petitioner. With CRM (DB) 3710 of 2024 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the IPC filed in connection with Kandi Police Station Case No. 600 of 2023 dated 04/10/2023 under Sections 420/465/466/467/468/469/471/ 472/473/474/120B of the Indian Penal Code. In Re : Arindam Roy ... Petitioner. Sr. Adv. Milon Mukherjee, Adv. Md. Hafiz Ali, ... for the petitioners. Adv. Debasish Roy, Ld. PP, Adv. Rudradipta Nandy, ... for the State in CRM 2707/24 & CRM 3168/2024. Adv. Debasish Roy, Ld. PP, Adv. Rudradipta Nandy, Adv. Nahim Ahmed, ... for the State in CRM 3710/24. 2 The petitioners Ajijul Sk. is the son-in-law of the principal accused Lalu Sk. Labu Sk. is the son of Lalu Sk. and erstwhile advocate Arindam Roy is the person who engineered the entire incident. The facts are extremely shocking. Lalu Sk. who was convicted was enlarged on bail during pendency of his application for suspension of sentence on the basis of a forged order of this Court. Several incriminating materials including electronic records in the form of order sheets bearing forged signatures of Hon’ble Judges of this Court were recovered. Considering the incriminating material against the petitioner Arindam Roy and his involvement in the alleged offence, his prayer for bail is rejected at this stage. Insofar as the petitioners Ajijul Sk. and Labu Sk. are concerned, learned counsel for the petitioners submits that they are in custody for more than a year. Through charges have been framed, completion of trial will take some time. Their further detention is not required. Learned counsel for the State opposes the prayer. It appears that these petitioners are not the principal accused and have aided the principal accused in commission of the offence. The offences are triable by the learned Magistrate. The prosecution proposes to examine fifty-seven witnesses. Possibility of conclusion of trial in near future is bleak. Under such circumstances, this Court of the view that further detention of the petitioners, Ajijul Sk. and Labu Sk. is not required and they may be granted bail subject to stringent conditions. Accordingly, the prayer for bail is allowed. 3 The petitioners, namely, Ajijul Sk. and Labu Sk., 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, Calcuta, subject to the condition that they shall remain within the jurisdiction of the learned trial Court and shall furnish their addresses where they shall presently reside before the learned trial Court, Investigating officer and the officer of the concerned police station. They shall appear before the learned trial Court on every date of hearing. They shall not tamper with evidence or intimidate witnesses in any manner whatsoever. They shall cooperate with the trial of the case and shall not seek unnecessary adjournment for the purpose of delaying and/or dilating the proceeding in any manner whatsoever. The petitioner 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 as stated above, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. The applications being CRM (DB) 2707 of 2024, CRM (DB) 3168 of 2024 and CRM (DB) 3710 of 2024 for bail are disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 4 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)