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Calcutta High CourtCRM (DB)/1798/2022allowed

Moji @ Mofijul v. State Of West Bengal

2022-06-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

16.06.2022 tkm/ct 28 C.R.M. (DB) 1798 of 2022 sl no. 71 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Harishchandrapur P.S case no. 629 of 2020 dated 10.9.2020 under sections 448/376/323/506 IPC And Allowed In Re : Moji @ Mojiful ...... petitioner Mr. K Bagchi Mr. D Ghosh ...... for the petitioner Mr. Arijit Ganguly Mr. S K Dan ...... for the State Having considered materials on record and bearing in mind the nature of allegations in the light of the submission that there is inordinate delay in lodging FIR and in view of the period of detention suffered by the petitioner i.e. 40 days, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM, Chanchal, Malda 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 he fails 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) 1798 of 2022 is disposed of.

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