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Calcutta High CourtCRM/6305/2021allowed

Arpan Mondal @ Apan v. State Of West Bengal

2021-12-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

08.12.2021.

91.

as (Allowed) C.R.M. 6305 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur P. S. Case No.101 of 2021 dated 10.05.2021 under Sections 341/324/326/307 of the Indian Penal Code.

In the matter of : Arpan Mondal @ Apan.

.... Petitioner.

Ms. Sananda Bhattacharyya.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Arani Bhattacharyya.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for 226 days. He submits that there was no intention to murder the victim.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegation of attempt to murder requires to be assessed in the light of the aforesaid submission made on behalf of the petitioner during trial.

Under such circumstances and keeping in mind the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

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 condition that the petitioner 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.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application, being C.R.M.6305 of 2021, is disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)