Madan Das@ Madan Chandra Das @ Madan Chandar Das v. State Of West Bengal

30.09.2022.

30.

as (Allowed) C.R.M. (DB) 3414 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.

In the matter of : Madan Das @ Madan Chandra Das @ Madan Chandar Das.

.... Petitioner.

Mr. Ayan Basu, Mr. S. Bera, Mr. S. Routh.

...for the Petitioner.

Mr. S. Banerjee, Ms. P. Ghosh.

...for the State.

Petitioner is in custody for 102 days. It is contended coaccuseds are on bail. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Co-accuseds who are on bail are on same footing with the petitioner. Under such circumstances, 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 Chief Judicial Magistrate, Purba Medinipur at Tamluk 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.

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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)