Swapan Mondal @ Saddam Mondal @ Saddam v. State Of West Bengal

09.08.2023 tkm/ct 28 C.R.M. (DB) 3148 of 2023 sl no. 33 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S case no. 131 of 2020 dated 10.3.2020 under sections 392/395/412 IPC and Allowed In Re : Swapan Mondal @ Saddam Mondal @ Saddam ... petitioner Ms. M Gomes ...... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Petitioner is in custody for 70 days. There is no legally admissible evidence connecting him with the dacoity. He was not put up for identification in test identification parade. No stolen article has been recovered from the petitioner.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM, Ranaghat, Nadia on condition that the petitioner 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 he fails 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 (DB) 3148 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)