Swarup Kumar Mondal v. State Of West Bengal

10.04.2023 tkm/ct 28 C.R.M. (DB) 1421 of 2023 sl no. 69 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Falta PS case no. 118 of 2022 dated 19.5.2022 under sections 406/409/419/420/467/468/471/120B IPC and sections 66C/66D of the Information Technology Act and Allowed In Re : Swarup Kuamr Mondal ...... petitioner Mr. A Chakraborty Mr. S S Saha ...... for the petitioner Mr. Sudip Ghosh Mr. A K Datta ...... for the State Petitioner submits co-accused have been granted bail. He renews his bail prayer.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Bail prayer of the petitioner was rejected in September 2022. Thereafter coaccused similarly circumstanced with the petitioner have been enlarged on bail.

In view of the change in circumstances and the period of detention suffered by the petitioner i.e. 319 days and as there is little possibility of trial concluding in the near future, we are inclined to grant bail to the petitioner.

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 CJM, South 24 Parganas at Alipore 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.

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. The application being CRM (DB) 1421 of 2023 is disposed of.

(Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)