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Calcutta High CourtCRM/6146/2021allowed

Choton Mallik Alias Abhijjt Mallik v. State Of West Bengal

2021-09-28Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

AD 28.09.2021 Ct. No.29 (Allowed) C.R.M. 6146 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 16/09/2021 in connection with Hanskhali P.S. Case No. 319 of 2021 dated 10/05/2021 under Sections 341/307/286/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act, 1908. And In the matter of: Choton Mallik @ Abhijit Mallik ....petitioner.

Mr. Sananda Bhattacharyya ...for the petitioner.

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

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the incident arose out of a political rivalry. There are cases and counter-cases. Since the police submitted charge sheet, further detention of the petitioner is not required. The petitioner is in detention for over 160 days.

Learned Advocate appearing for the State draws the attention of the Court to the contents of the case diary and to the injury report.

Considering that the police submitted charge sheet and considering the materials in the case diary and the period of detention of the petitioner, we 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, Ranaghat, Nadia subject to the condition that during bail he shall appear before the learned trial court regularly till disposal of the trial and he shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. 6146 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)