Rahim Tarafdar & ANR v. State Of West Bengal

08.09.2020 SL No. 6 sdas CRM 5244 of 2020 With CRAN 1 of 2020(old no. CRAN 3549 of 2020) (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagdah Police Station Case No.

of dated 10.09.2018 under Sections 395/397/412 of the Indian Penal Code.

And In Re : Rahim Tarafdar & Anr. ...... petitioners Mr. Ali Ahsan Alamgir .....for the petitioners Mr. Ranabir Roychowdhury Mr. Pratick Bose ....for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Accordingly, application being CRAN 1 of 2020 (old no. CRAN 3549 of 2020) is disposed of.

Petitioners are in custody for more than 600 days.. Learned Counsel appearing for the petitioners submits that they have not been identified in the test identification parade. It is further submitted co-accused Satya Mondal @ Hego has been granted bail.

Learned Counsel for the State opposes the prayer for bail. Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the alleged crime in the light of the aforesaid submission made by the learned

Counsel appearing for the petitioners, we are inclined in granting bail to the petitioners.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaon, North 24-Parganas, subject to the condition that petitioners while on bail shall remain within the jurisdiction of Bagdah Police Station except for the purpose of attending Court proceedings and shall report to the officer in charge of Bagdah Police Station once in a week until further orders and 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. Learned appropriate trial court as well as all concerned authorities shall act in terms of the copy of the order downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)