Bijoy Mondal And ORS v. State Of West Bengal

09.06.2022.

18.

Ct.No.28 as (Allowed) C.R.M. (NDPS) 568 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.02.2020 in connection with Nabagram P. S. Case No.242 of 2021 dated 20.09.2021 under Sections 304/34.

In the matter of : Bijoy Mondal & Ors.

.... Petitioners.

Mr. Soumik Ganguli, Mr. Diptendu Banerjee.

...for the Petitioners.

Mr. Binay Panda, Mr. Subham Bhakat.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioners that they are in custody for about 98 days. It is submitted that co-accused is on bail Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime and as co-accused similarly circumstanced with the petitioners has been granted bail, we are inclined to extend the same privilege to the petitioners also.

Accordingly, the petitioners shall 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, Lalbagh, Murshidabad subject to condition that the petitioners 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 or commit similar offences in future and on further condition that the petitioners shall meet the investigating officer once in a week until further orders.

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 their 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.)