Indrajit Mondal v. The State Of West Bengal

03.03.2021 Item no.20 Court No.28 Avijit Mitra C.R.M. 537 of 2021 (through video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kolkata Leather Complex Police Station Case No.37 of 2018 dated 11.03.2018 under Sections 147/148/149/302/120B;

And In Re : Indrajit Mondal .... petitioner Mr. Sabir Ahmed, Mr. Sandip Kumar Mondal ....for the petitioner Mr. Neguive Ahmed, Ms. Amita Gaur ...... for the State Mr. Ahmed, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Coaccused persons similarly situated have already been granted bail by a Coordinate Bench of this Court. He is already in custody for about 3 years. Charge has been framed and trial is in progress. In the said conspectus further detention of the petitioner is not necessary.

Mr. Ahmed, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statement of an eye-witness as recorded under Section 164 of the Code.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the fact that co-accused persons similarly situated have already been enlarged on bail and since there is no possibility of early

conclusion of trial, we are of the opinion that further detention of the petitioner is not warranted.

Accordingly, the petitioner, namely, Indrajit Mondal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of the like amount, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas.

The petitioner shall attend the trial court on the dates specified for hearing.

While on bail, the petitioner shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with any of the aforesaid directions, without justifiable cause, the learned trial court shall be at liberty to cancel the petitioner's bail, without any further reference to this Court. The application for bail being C.R.M. No.537 of 2021 is, accordingly, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)