Motiar Rahaman Mallick @Kalo v. State Of West Bengal

02.06.2021 Ct.30 Sl.8 KS (Via Video Conference) C.R.M. 2111 of 2021 Motiar Rahaman Mallick @ Kalo Maulana -Vs.- The State of West Bengal In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P.S. Case No.404 of 2020 dated 15.09.2020 under Sections 447/427/435/436/34 of the Indian Penal Code and 3 /4 Explosive Substance Act.

Mr. Khalid Hasan ..... For the Petitioner Mr. Rana Mukherjee Ms. Sukanya Bhattacharya Ms. Sujata Das .....For the State This is an application under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner is seeking release on bail on the ground that he is in jail custody for 125 days and custodial trial is not needed as the charge-sheet has already been submitted. It is pointed out that the petitioner is arraigned as an accused in connection with Santipur Police Station Case No.404 of 2020 dated 15.09.2020 under Sections 447/427/435/436/34 of the Indian Penal Code read with Section 3/4 of the Explosive Substance Act now pending before the Additional Chief Judicial Magistrate, Ranaghat, Nadia, which is the counter-blast of a case instituted on behalf of the petitioner being No.403 of 2020

dated 14.09.2020 under Sections 447/427/435/436/34 of the Indian Penal Code.

We have heard learned advocate appearing for the petitioner and Mr. Rana Mukherjee, learned advocate appearing for the State. Finding no serious objection from the side of the prosecution on the score of case and counter-case and the nature of the offence and in view of the prevailing Pandemic situation due to Covid - 19 second wave, the petitioner be admitted on bail.

Accordingly, we are inclined to enlarge the petitioner on bail upon furnishing bond of Rs.2,000/- (Rupees Two Thousand Only) with two sureties of like amount each one of whom has to be local subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, District - Nadia.

Thus, the application for bail is accordingly allowed. C.R.M. 2111 of 2021 is disposed of.

(Aniruddha Roy, J.) (Shivakant Prasad, J.)