Abhiram Rangbaj & ANR v. State Of West Bengal

rkd 03.09.2020 Ct. No.16 (Allowed) C.R.M. 6145 of 2020 (CRAN 1 of 2020 (old CRAN 4642 of 2020) (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgarh P.S. Case No. of dated 22/10/2019 under Sections 302/201/120B/34 of the Indian Penal Code and under Sections 25/27 of the Arms Act.

And In the matter of: Abhiram Rangbaj & Anr.

....petitioners.

Mr. S. D. Mahapatra ...for the petitioners.

Mr. R. Mukherjee, Ms. S. Santra ...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 conference. Accordingly, CRAN 4642 of 2020 is disposed of. Petitioners are in custody for more than 200 days and it is further submitted that co-accused person Hablu Bag has been enlarged on bail by a co-ordinate bench.

Learned counsel appearing on behalf of the State opposes the prayer for bail and draws our attention to the statements of witnesses recorded under Section 164 Cr.P.C.

Learned counsel appearing on behalf of the defacto complainant also opposes the prayer for bail and submits that there is possibility of the witnesses being intimidated. Having considered the materials in the case diary and bearing in mind the nature of allegations and as the co-accused

person Hablu Bag has been enlarged on bail and in view of the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners on parity, subject to strict conditions.

Accordingly, the petitioners are directed to 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, Jhargram subject to the condition that during bail they shall appear before the learned trial court regularly and they shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that they shall not enter the district of Jhargram until further orders except for attending the court proceedings and shall provide the address where they shall presently reside to the investigating officer as well as the court below and shall meet the Officer-in-charge of concerned Police Station where they shall presently reside once in a week until further orders.

In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)