Subol Ghosh@Lelo v. State Of West Bengal

45.

29.05.2023 Ct.4 jb/Tanmoy Allowed CRM (DB) 2152 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Santipur Police Station Case No. 73 of 2022 dated 27.01.2022 under Sections 302/34 of the Indian Penal Code, 1860.

And In the matter of: - Subol Ghosh @ Lalo ...petitioner.

Mr. Tapas Kumar Mondal ...for the petitioner.

Mr. Swapan Banerjee, Mr. Suman De ...for the State.

Mr. Tapas Kumar Mondal, learned Advocate appearing on behalf of the petitioner submits that the principal accused has already been released on bail and the present petitioner is an aged person who may be released on bail on any condition as this Court deems fit and proper.

Mr. Swapan Banerjee, learned Advocate appearing for the State submits the Memo of Evidence. The Memo of Evidence incorporates in CRM (DB) 3802 of 2022 that Lalan Chandra Mandal @ Lalan Mondal was granted bail on October 21, 2022. Having regard to the participation of the present petitioner in the alleged offence and that of the said Lalan Chandra Mandal, we are of the view that the petitioner has been able to make out a case for being released on bail.

Accordingly the prayer for bail of the petitioner is allowed.

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 Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to the 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 and on further condition that the petitioner while on bail shall remain within the district of Nadia except for purpose of investigation and attending court proceeding and shall report to the Officer-in-charge of the concerned P.S. within whose jurisdiction he shall presently reside once in a week until further orders.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, the trial Court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

The Memo of Evidence, as submitted by Mr. Banerjee, learned Advocate appearing for the State, be kept with the records.

The application for bail being CRM (DB) 2152 of 2023 is allowed and disposed of.

(Rai Chattopadhayay, J.) (Tirthankar Ghosh, J.)