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Calcutta High CourtCRM (DB)/2604/2022allowed

Sanjay Mondal v. State Of West Bengal

2022-08-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

24.08.2022.

17.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2604 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Habra P. S. Case No.469 of dated 19.05.2022 under Sections 447/341/326/307/506/34 of the Indian Penal Code and Sections 25(1)(a)/27/35 of the Arms Act and Sections 3 / 4 E. S. Act.

In the matter of : Sanjay Mondal.

.... Petitioner.

Mr. Kamalesh Chandra Saha.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Mr. Iqbal Kabir.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 95 days. It is contended he is not the principal accused.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Balancing the nature of accusation with 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 Chief Judicial Magistrate, Barasat, North 24Paraganas 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.)