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Calcutta High CourtCRM (DB)/4155/2022allowed

Sofi Mondal @ Sofikul Islam v. State Of West Bengal

2022-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

29.11.2022.

24.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4155 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Islampur P. S. Case No.59 of 2022 dated 13.02.2022 under Sections 341/323/325/286/307/506/34 of the Indian Penal Code and under Sections 3 / 4 of the Explosive Substances Act and charge sheet submitted under Sections 323/325/286/307/506/34 of the Indian Penal Code. In the matter of : Sofi Mondal @ Sofikul Islam. .... Petitioner.

Mr. Arnab Chatterjee, Ms. Dhanasree Biswas.

...for the Petitioner.

Mr. Suman De.

...for the State.

Petitioner is in custody for 81 days. It is submitted victims were the aggressors. Case and counter case have been registered between the parties. Investigation is complete. He prays for bail.

Learned Advocate for the State opposes the prayer for bail. He submits victims suffered bomb injuries. We have considered the materials on record. Allegation of throwing bombs require to be assessed in the light of the submission that victims were the aggressors. Case and counter case were registered between the parties. In view of the aforesaid facts, period of detention suffered by the petitioner and as investigation is complete, 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 Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to condition 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.)