Raju Mondal v. State Of West Bengal

02.03.2023 Ct. No. 29 CHC Allowed C.R.M.(DB) 825 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nowda Police Station Case No.38 of 2023 dated 26.01.2023 under Sections 341/ 325/ 323/ 307/ 354/34 of the Indian Penal Code and Sections 25/27 of the Arms Act and Sections 3/ 4 of the Explosive Substances Act.

And In the matter of: Raju Mondal ...... petitioner Mr. Pradip Kumar Kundu ....for the petitioner Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Monoranjan Mahata ....for the State Co-accused was enlarged on anticipatory bail by the order dated February 10, 2023 passed in C.R.M.(A) 615 of 2023. Petitioner stands on the same footing as that of coaccused who was enlarged on anticipatory bail. In such circumstances, we grant bail to the petitioner on the ground of parity as also taking into consideration of the period of detention of the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, at

Berhampore, Murshidabad, subject to the condition that the petitioner shall appear before the 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.

In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)