Court allowed bail to petitioner Kazi Nurujamman @ Lalu Kazi charged underSections 302, 201, and 120B IPC, extending the privilege granted to a co-accused. Bail granted subject to bond and conditions including appearance at hearings.
Released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount, one local.
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16.12.2020 Sl. No.80 akd [ALLOWED]
C. R. M. 10461 of 2020 [via video conferencing]
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.12.2020 in connection with Uluberia Police Station Case No. 43 of 2020 dated 25.01.2020 under Sections 302/201/120B of the Indian Penal Code.
And
In Re: Kazi Nurujamman @ Lalu Kazi
… … Petitioner
Mr. Biswajit Manna .. Advocate
… … for the petitioner
Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor
Mr. Manoranjan Mahata .. Advocate
… … for the State
It is submitted on behalf of the petitioner that he is in custody for about 280 days. It is further submitted that co-accused namely, Sk. Suvan @ Sk. Suban has been enlarged on bail.
Learned advocate appearing for the State opposes the prayer
for bail.
Having considered the materials on record and bearing in mind the nature of allegations and as co-accused namely, Sk. Suvan @ Sk. Suban has been enlarged on bail, we are inclined to extend the same privilege to the petitioner also.
Therefore, the accused/petitioner, namely Kazi Nurujamman @ Lalu Kazi , be released on bail upon furnishing a bond of Rs.10,000/(Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Uluberia, Howrah subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
2
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed .
(Suvra Ghosh, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be extended to the petitioner charged under Sections 302, 201, and 120B IPC after a co-accused has been enlarged on bail?
Whether the conditions of bail require sureties and a local surety for the petitioner?
Colour shows how this judgement treated each authority
None cited in the textReferred
4 provisions across 2 enactments
Kazi Nurujamman @ Lalu Kazi
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
