Mairuddi Mondal v. State Of West Bengal

17.11.2022 sdas allowed CRM(DB) No. 3999 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gangnapur Police Station Case No. 119 of 2022 dated 21.04.2022 under Sections 376D/302/34 of the Indian Penal Code subsequently chargesheet submitted under Sections 341/342/306/406/419/ 420/304/34 of the Indian Penal Code.

And In Re : Mairuddi Mondal ...... petitioner Mr. Prabir Majumder Mr. Snehansu Majumder .....for the petitioner Mr. Saibal Bapuli, learned APP Mr. Bibaswan Bhattacharya ..... for the State Learned Counsel appearing for the petitioner submits he is in custody for 210 days. Co-accuseds are on bail. Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Co-accuseds, similarly circumstanced with the petitioner, are on bail. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, we direct that 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further

orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without 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, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)