Santosh Mondal v. State Of West Bengal

25.07.2022.

19.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2408 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar P. S. Case No.693 of 2020 dated 18.08.2020 under Sections 341/323/376/511/109/379 of the Indian Penal Code. In the matter of : Santosh Mondal.

.... Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. P. K. Datta, ld. A.P.P., Mr. Santanu Deb Roy.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 71 days. It is contended there was case and counter case between the parties. He has been falsely implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Case and counter case were registered between the parties. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the view further detention of the petitioner is not necessary and he may be granted bail. 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 Chief Judicial Magistrate, Malda subject to condition that he 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.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)