Dedarbox Mondal @ Dedar Baux Mandal Boxo @ Dedar Baux @ Boxo v. The State Of West Bengal

2.

25-03-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 761 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Raninagar Police Station Case No.374 of 2021 dated 16-08-2021 under Sections 341/325/326/307/302/120B/34 of the Indian Penal Code and Section 25/27 of Arms Act and Sections 3/4 of the Explosive Substances Act. - A n d - In the matter of : Dedarbox Mondal @ Dedar Baux Mandal Boxo @ Dedar Baux @ Boxo .... Petitioner.

Mr. Milon Mukherjee, Sr. Adv., Mr. Anisur Rahaman ... For the Petitioner.

Mr. Antarikhya Basu, Ms. Sonali Bhar ... For the State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated December 20, 2023 passed in CRM (DB) 3824 of 2023, whereby a co-accused person by the name of Muktar Hossain @ Sekh was enlarged on bail, primarily on the ground of delay in progress of the trial. The petitioner says that he stands on the same footing. He is in custody for about 3 years 5 months.

2. Learned State advocate, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as the aforesaid Muktar Hossain @ Sekh.

3. Hence, on the ground of parity, we grant bail to the petitioner.

4. Accordingly, we direct that the petitioner, namely, Dedarbox Mondal @ Dedar Baux Mandal Boxo @ Dedar

Baux @ Boxo, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. The petitioner 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 and shall not commit any cognizable offence in any manner whatsoever. While on bail, the petitioner shall remain within the jurisdiction of Raninagar Police Station and shall appear before the Officer-in-Charge/Inspector-in-Charge of Raninagar Police Station once in a week, until further orders.

5. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

6.

The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. 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.)