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Calcutta High CourtCRM (DB)/3462/2024allowed

Dipu Mondal @ Amit And ANR v. The State Of West Bengal And ANR

2024-11-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

06.11.2024.

107.

Ct.No.28.

as/sdas (Allowed) C.R.M. (DB) 3462 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NSCBI Airport P.S. Case No.50 of 2021 dated 23.08.2021 under Sections 365/370/466/468/470/471/ 120B of the Indian Penal Code and charge framed under Sections 365/466/471/465/468/370/120B of the Indian Penal Code.

In the matter of : Dipu Mondal @ Amit & Anr.

.... Petitioners.

Mr. Manojit Debnath.

...for the Petitioners.

Mr. Rana Mukherjee, Ld. A.P.P., Mr. Tirthankar Dhali.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioners are in custody for about three years. Vulnerable witness has been examined. There is no possibility of trial concluding in the near future. Co-accused has been enlarged on bail. 3.

Under such circumstances, we are inclined to extend the same privilege to the petitioners.

4.

Accordingly, the petitioners viz., 1) Dipu Mondal @ Amit & 2) Achintya Majumder @ Poltu shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Paraganas subject to condition that they shall appear before the jurisdictional court on every date Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 11:40:36 AM

of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 5.

In the event the petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their 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.) Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 11:40:36 AM