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Calcutta High CourtCRM (DB)/1777/2022allowed

Raj Chakraborty v. State Of West Bengal

2022-06-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

16.06.2022 cm/ct 28 C.R.M. (DB) No.1777 of 2022 sl no. 57 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Madhyamgram P.S Case No. 170 of 2019 dated 13.04.2019 under Sections 302/34 of the Indian Penal Code. And Allowed In Re : Raj Chakraborty ..... petitioner Mr. Mazhar Hossain Chowdhury Mr. Mobashshara Alam ...... for the petitioner Mr. Sudip Ghosh Mr. Apurba Kumer Datta ...... for the State It is submitted on behalf of the petitioner that he is not the principal accused. Victim had assaulted the principal accused. In retaliation, the incident occurred.

Learned lawyer for the State opposes the prayer for bail We have considered the materials on record. Petitioner does not appear to be principal accused. Keeping in mind the extent of complicity of the petitioner in the alleged crime, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Barasat, North 24 Parganas on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event petitioner fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) No. 1777 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)