Rakesh Ali v. State Of West Bengal

06.06.2023 tkm/ct 28 C.R.M. (DB) 2098 of 2023 sl no. 31 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Amdanga PS case no. 152 of 2023 dated 28.3.2023 under section 341/323/326/307/506/34 of the IPC and 25(1A)/27 of the Arms Act And Allowed In Re : Rakesh Ali ...... petitioner Mr. Y Mondal ...... for the petitioner Mr. S Bapuli Mr. Bibaswan Bhattacharya Mr. Arijit Ganguly ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Incriminating article i.e fire arm has already been recovered. Petitioner is in custody for 70 days. Co-accused are on bail. Hence, we are inclined to enlarge the petitioner on bail.

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 CJM, North 24 Parganas at Barasat 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) 2098 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)