Ashim Mandal @ Ashim Sarkar @ Bhadu v. The State Of West Bengal
05.07.2024 Item no. 42.
Court No.28.
AB (Allowed) CRM (DB) 1925 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No.723 of 2023 Dated 18.10.2023 under Sections 489B/489C/34 of the Indian Penal Code And In the matter of : Ashim Mandal @ Ashim Sarkar @ Bhadu ......Petitioner.
Mr. Kalidas Saha, Ms. Khushi Mollick Ms. Mondira Mondal ......for the Petitioner.
Mr. Debasish Roy, ld. PP Ms. Trina Mitra ......for the State.
Order dictated in open Court by Apurba Sinha Ray, J. Learned Advocate for the petitioner has submitted that no fake currency note was recovered from the possession of the petitioner and he has been entangled in this case on the basis of statement of a co-accused person. He is in custody for about 52 days. Charge sheet has been filed and the case has also been committed to the learned Trial Court. He may be granted bail on any condition.
Learned Advocate for the State has raised strong objection. According to him, there is sufficient incriminating material against the present petitioner. Further, there are call detail records showing that the petitioner was involved in fake Signed By :
APURBA BANDYOPADHYAY High Court of Calcutta 5 th of July 2024 05:10:44 PM
currency note's transaction and further, he has criminal antecedents also.
After going through the material in the case diary, we find that nothing has been recovered from the possession of the present petitioner, who has been entangled in this case on the basis of statement of a co-accused person. Hence, we are inclined to allow the petitioner's prayer for bail. Accordingly, we direct that the petitioner, namely Ashim Mandal @ Ashim Sarkar @ Bhadu 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 Chief Judicial Magistrate, Malda, and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-inCharge of the concerned police station once in a fortnight until further orders.
The petitioner 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 and/or commit any cognizable offence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)