Argina Mondal And ORS v. State Of West Bengal

21.12.2021 cm/ct 28 C.R.M. 6619 of 2021 sl no. 118 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chapra P.S Case No. 55 of 2021 dated 05.02.2021 under Sections 302/34 of the Indian Penal Code. And Allowed In Re : Argina Mondal & Ors.

..... petitioners Mr. Kallol Mondal ...... for the petitioners Mr. Madhusudan Sur, A.P.P.

Mr. Dipankar Parmanick ...... for the State Petitioners are in custody for 122 days. They were initially discharged from the case. Subsequently, supplementary chargesheet was filed implicating them. They have been falsely implicated in the instant case. Co-accused Ajim Sardar @ Bhundu Sardar is on bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioners were discharged in the initial charge-sheet.

Subsequently, a supplementary charge-sheet was filed implicating them in the crime. Keeping in mind the aforesaid facts, extent of complicity of the petitioners in the alleged crime and as Ajim Sardar @ Bhundu Sardar, who is similarly circumstanced with the petitioners, has been enlarged on bail, we are inclined to extend the same privilege to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the

learned CJM, at Nadia, Krishnagar on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM 6619 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)