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Calcutta High CourtCRM (DB)/2880/2022allowed

Gobinda Mondal v. State Of West Bengal

2022-08-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

29.08.2022.

23.

Ct.No.28 as (Allowed) C.R.M. (DB) 2880 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Moyna P. S. Case No.235 of 2019 dated 14.10.2019 under Sections 302/120B of the Indian Penal Code and charge sheet submitted under Sections 302/120B of the Indian Penal Code.

In the matter of : Gobinda Mondal.

.... Petitioner.

Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Trina Mitra.

...for the State.

Petitioner is in custody for about 112 days. It is submitted co-accuseds are on bail.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Petitioner stands on the same footing with co-accuseds who have been have been enlarged on bail. Hence, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner shall 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 Additional Chief Judicial Magistrate, Tamluk, Purba Medinipur subject to condition that the petitioner 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 or commit similar offences in future and on further condition that the petitioner shall meet the investigating officer once in a week until further orders.

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.)