Subhankar Malik v. State Of West Bengal

09.11.2022 tkm/ct 28 C.R.M. (DB) 3903 of 2022 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Khanakul P.S case no. 179 of 2021 dated 4.5.2021 under sections 147/148/448/302/354(B)/427/379/506 of the Indian Penal Code read with sections 3/4 of the Explosive Substance Act and Allowed In Re : Subhankar Malik ...... petitioner Mr. N S Ghosh Ms. S Chatterjee Mr. Sourov Mondal ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Petitioner is in custody for 80 days. It is submitted coaccuseds are on bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Co-accuseds are on bail. Petitioner stands on a better footing than the said coaccuseds. 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, Arambagh, Hooghly 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.

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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) 3903 of 2022 is disposed of.

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