Rabin Dolui v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 9.9.2020 ks/sk Item no.4 Bail allowed C.R.M. No.6331 of 2020 Rabin Dolui -vsThe State of West Bengal with CRAN/1/ 2020 In Re: An application for bail under Section 439 CrPC in connection with Bishnupur P.S. Case No.785 of 2019 dated 28.10.2019 under sections 147/148/149/325/326/307/379/448/427/354/435/506 and added Section 302 of the IPC and under Sections 4/5 of the Explosives Substances Act.

Mr. Ramashis Mukherjee ...for the petitioner.

Mr. Prasun Kr. Dutta, Mr. Nirupam Dhali ... for the State.

The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The learned Advocate for the petitioner submits that the petitioner is standing on the same footing as the other accused persons, some of whom have been granted bail. The learned Advocate further submits that the petitioner is in custody for a considerable period of time and for the sake of the case, further detention of the petitioner is unwarranted.

Mr. Dutta, learned A.P.P. appearing for the State opposes the prayer for bail and draws the attention of this court to the seizure list. He further submits that some incriminating materials have been recovered from the possession of the petitioner. We have perused the records including the case diary. We have checked the seizure list relating to one Pabitra Mondal. On appreciation of the materials, we are of the opinion that further detention of the petitioner is unwarranted in the facts and

circumstances of the case.

In those circumstances, we allow the application for bail. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Alipore subject to the condition that while on bail the petitioner shall meet with the Officer-InCharge of concerned Police Station once in a fortnight until further orders.

In the event, the petitioner fails 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. CRM No.6331 of 2020 and CRAN/1/ 2020 are disposed of. [ Tirthankar Ghosh, J] [Samapti Chatterjee, J]