Dipak Kumar Mahato @ Commando v. The State Of West Bengal

13.09.2024 Sr. No. 39 Ct. No. 6.

AB (Allowed) C.R.M. (DB) 2737 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jagaddal Police Station Case No.130 of 2024 Dated 18.04.2024 under Sections 326/307/120B of the Indian Penal Code read with Sections 25(1B)(a)/27 of the Arms Act In the matter of : Dipak Kumar Mahato @ Commando ....Petitioner.

Mr. Arindam Jana, Mr. Subhojit Choudhury .....For the Petitioner.

Mr. Arka Chakraborty .....For the State.

1. Heard learned Advocates for the parties.

2. We have considered the materials on record. Petitioner did not fire at the victim. He is in custody for five months. Investigation is complete. There is no chance of his abscondance.

3. Under such circumstances, we are inclined to allow the prayer for bail.

4. Accordingly, the petitioner, namely, Dipak Kumar Mahato @ Commando 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, Barrackpore, subject to condition that he shall appear before the trial court on every date of Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 18 th of September 2024 01:18:52 PM

hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future. 5.

In the event 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.

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