Sunil Malik v. State Of West Bengal
01.03.2024 tkm/ct 28 C.R.M. (DB) 612 of 2024 sl no. 63 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Arambagh P.S case no. 35 of 2024 dated 26.1.2024 under sections 447/323/325/326/504/506/34 IPC and Allowed In Re : Sunil Malik ... petitioner Mr. N s Ghosh Ms. S Chatterjee Mr. Sourav Mondal Ms. L Sikder ...... for the petitioner Mr. Aniket Mitra ...... for the State
1. Petitioner is in custody for 34 days. He submits he has been falsely implicated in the case. He prays for bail.
2. Learned lawyer for the State opposes the bail prayer. He submits petitioner is one of the extortionists.
3. We have considered the materials on record. We note petitioner and others demanded money from the stall owners. De facto complainant and others had protested and were assaulted by the petitioner and his associates.
4. In view of the aforesaid facts we are of the opinion though further detention of the petitioner, for progress of investigation, is not necessary, movement of the petitioner requires to be restricted in order to prevent recurrence of similar events.
1. Accordingly, the petitioner 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 ACJM Arambagh, Hooghly on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner
whatsoever and on further condition that the petitioner shall remain outside the jurisdiction of Arambagh P.S except for attending the court proceedings and/or investigation and the petitioner shall provide the address where he shall reside while on bail to the investigating officer as well as the court below and shall meet the officer in charge of the concerned police station where he shall reside while on bail once in a week until further orders.
5. 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.
6. The application being CRM (DB) 612 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)