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Calcutta High CourtCRM (DB)/1346/2022allowed

Manoranjan Mondal v. State Of West Bengal

2022-06-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

20.06.2022.

20.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1346 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Moyna P.S. Case No.235 of 2019 dated 14.10.2019 under Sections 302/120B of the Indian Penal Code.

In the matter of : Manoranjan Mondal.

.... Petitioner.

Mr. Kallol Mandal, Mr. Amal Krishna Samanta, Mr. Subhas Jana.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Amita Gaur.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner renews his prayer for bail. He submits coaccused Panchanan Mondal has been granted bail by this Court in CRM (DB) 1069 of 2022 after the rejection of bail of the petitioner.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of one Biswajit Bhunia recorded under Section 164 of the Code of Criminal Procedure. Petitioner stands on the same footing with co-accused Panchanan Mondal and others who have been enlarged on bail. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner i.e. 277 days and as investigation is complete, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner shall 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 Chief Judicial Magistrate, Tamluk, Purba Medinipur subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)