Calcutta High CourtCRM (DB)/1241/2022allowed

Golap Rahaman Mondal And ANR v. State Of West Bengal

2022-05-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

11.05.2022 Serial no. 41 Aloke Ct. No. 29 CRM (DB) 1241 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Onda Police Station Case No. 12 of 2022 dated 17.01.2022 under Sections 341/324/325/326/307/379/354B/506/34 of the Indian Penal Code.

-AndIn the matter of : Golap Rahaman Mondal & Anr.

...Petitioners

Mr. Soumik Ganguli, Advocate ... ... For the Petitioners Mr. Rudradipta Nandy, Advocate ... ...For the State Petitioners pray for bail.

Learned Advocate appearing for the petitioners submits that the petitioners are in custody for 123 days. The police filed charge-sheet and, therefore, further detention of the petitioners are not required. He submits that there is a counter case also. The petitioners also received injuries. Learned Advocate appearing for the State draws the attention to the injury reports of the victim and the statements recorded under Section 164 and 161 of the Code of Criminal Procedure.

Considering the period of detention of the petitioners and considering the fact that the police filed charge-sheet, we are inclined to grant bail to the petitioners. Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Bankura, subject to condition that the petitioners shall appear before the learned trial court on every date of hearing until further orders and

shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioners in accordance with law without further reference to this Court. The prayer for bail of the petitioners is allowed. CRM (DB) 1241 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)