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Calcutta High CourtCRM (DB)/3200/2023allowed

Khalek Mondal @ Abdul Khalek Mondal v. State Of West Bengal

2023-08-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

14.08.2023.

20.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3200 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S. Case No.299 of 2023 dated 07.04.2023 under Sections 302/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.

In the matter of : Khalek Mondal @ Abdul Khalek Mondal. .... Petitioner.

Mr. Anit Dey.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

...for the State.

1.

Petitioner submits incident occurred in front of the tea stall of the petitioner. He has been falsely implicated. Investigation is complete. He prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record including the statement of the daughter of the deceased. She states victim had gone to the petitioner's shop. At that time he was attacked by miscreants. He took refuge in a nearby shop where he was murdered.

4.

Keeping in mind the aforesaid facts, extent of complicity of the petitioner in the crime and as investigation is complete, we are inclined to grant bail to the petitioner. 5.

Accordingly, the petitioner viz., Khalek Mondal @ Abdul Khalek Mondal 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

Additional Chief Judicial Magistrate, Ranaghat, Nadia 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. 6.

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.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)