55. 17-01-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 3396 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Saktipur Police Station Case No.171 of 2024 dated 20-06-2024 under Sections 341/325/326/307/34 of the Indian Penal Code and Section 9(b) of the I.E. Act. - A n d - In the matter of : Mojibur Khan @ Mofijul Khan & Ors. .... Petitioners. Mr. Parthapratim Das, Mr. Monajit Chakraborti … For the Petitioners. Ms. Sonali Das, Mr. Sandip Kundu … For the State. Mr. Md. Sarwar Jahan, Mr. Ashraful Huq, Ms. Tapati Sarkar … For the defacto complainant. Dictated by Apurba Sinha Ray, J. 1. The petitioners say that they are in custody for about seven months. Investigation is complete and there is no need for further custodial detention of the present petitioners. The petitioners have been falsely implicated due to rivalry between two groups. 2. Learned advocate for the State submits that there are sufficient incriminating materials against the present petitioners. They are also entangled in other cases of similar nature. If they are enlarged on bail, they will again commit Signed By : DEBAJYOTI DAS High Court of Calcutta 17 th of January 2025 06:06:19 PM 2 similar type of offences. It is also submitted that if the petitioners are granted bail, the prosecution may suffer. 3. Learned advocate for the defacto complainant has raised vehement objection to the prayer for bail. According to her, due to such assault and bomb blast, the victim lost his right leg and the same was amputated. If the petitioners are enlarged on bail, they will threaten and intimidate the witnesses. 4. We have considered the materials on record. We find that investigation is complete and the petitioners are in custody for about seven months. Learned advocate for the State has submitted that the statement of one of the victims, namely, Sirajul, has not been recorded either under Section 161 of the Code of Criminal Procedure or under Section 164 of the Code of Criminal Procedure. 5. As the investigation is complete, we think that there is no need for further detention of the present petitioners. 6. Accordingly, we direct that the petitioners, namely, Mojibur Khan @ Mofijul Khan, Humayun Khan and Firdous Khan, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Murshidabad. The petitioners shall appear before the learned 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. The petitioners shall not enter the jurisdiction of Saktipur Police Station except for the purpose of attending the court proceedings and shall reside within the jurisdiction of Berhampore Police Station. The petitioners shall, through their learned counsel, furnish their address at Berhampore, to the learned trial Court and the Signed By : DEBAJYOTI DAS High Court of Calcutta 17 th of January 2025 06:06:19 PM 3 Officer-in-Charge/Inspector-in-Charge of Saktipur Police Station and Berhampore Police Station and shall also appear before the Officer-in-Charge/Inspector-in-Charge of Berhampore Police Station once in a fortnight, until further orders. 7. In the event the petitioners fail to adhere to any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 8. The application for bail is, thus, allowed. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : DEBAJYOTI DAS High Court of Calcutta 17 th of January 2025 06:06:19 PM