Rejaul Molla @ Raju v. State Of West Bengal

02.08.2023 sdas allowed CRM(DB) No. 3063 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 1126 of 2021 dated 15.09.2021 under Sections 395/412 of the Indian Penal Code.

And In Re : Rejaul Molla @ Raju ...... petitioner Mr. Soumya Basu Roy Chowdhuri ....for the petitioner Mr. Madhusudan Sur, learned APP Mr. Manoranjan Mahata ..... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Petitioner is in custody for 650 days. There is delay in trial. Co-accused has been enlarged on bail. Under such circumstances, we are inclined to grant bail to the petitioner on parity. Accordingly, we direct that 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, Howrah, subject to conditions that 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 in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)