Calcutta High CourtCRM/6514/2021allowed

Ratan Mondal And ANR v. State Of West Bengal

2021-10-04Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

04.10.2021 Ct. No. 29 sdas Allowed C.R.M. 6514 of 2021 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kolkata Leather Complex Police Station Case No. 37 of 2018 dated 11.03.2018 under Sections 147/148/149/302/120B of the Indian Penal Code.

And In Re : Ratan Mondal & Anr....... petitioners Mr. Sabir Ahmed Mr. Gouranga Kumar Das Mr. Sandip Kumar Mondal .....for the petitioners Mr. Neguive Ahmed, learned A.P.P.

Ms. Trina Mitra Ms. Amita Gaur ....for the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody in excess of three years. He seeks parity with the co-accused persons granted bail on March 3, 2021.

Learned advocate appearing for the State draws the attention of the Court to the order of rejection dated September 20, 2021, so far as the petitioners are concerned. Learned advocate appearing for the petitioners further submits that the petitioners paid the cost awarded against them in terms of the order dated September 20, 2021. Considering the fact that the petitioners stand on the same footing as that of the other co-accused persons who were

already granted bail on March 3, 2021 and considering the fact that the petitioners complied with the order dated September 20, 2021 and considering that the police submitted chargesheet and considering the period of detention of the petitioners, we are inclined to grant bail to the petitioners. Accordingly we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas, subject to the conditions that the petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel bail of the petitioners automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)