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Calcutta High CourtCRM/8577/2021allowed

Absar @ Apchar Mondal v. State Of West Bengal

2021-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

20.12.2021 tkm/ct 28 C.R.M. 8577 of 2021 sl no. 209 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nakashipara PS case no. 600/2020 dated 21.11.2020 under sections 447/325/326/307/379/427/34 IPC And Allowed In Re : Absar @ Apchar Mondal ...... petitioner Mr. S Majumder ...... for the petitioner Mr. Anwar Hossain Ms. Sreyashee Biswas ...... for the State Petitioner is in custody for 69 days and submits that investigation is complete.

Learned lawyer for the State opposes the prayer for bail and submits that the petitioner is the principal assailant. Having considered materials on record and bearing in mind the fact that the incident occurred in the course of a skirmish and as investigation is complete, 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 CJM, Nadia on 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 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 8577 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)