Sourav Mondal And ANR. v. The State Of West Bengal

20.12.2023 Sl. No.76 akd [ALLOWED] C. R. M. (DB) 4588 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.12.2023 in connection with Hingalganj Police Station Case No.169 of 2023 dated 09.07.2023 under Sections 447/323/326/307/354B/506/34 of the Indian Penal Code. (G.R. Case No.2795 of 2023) And In Re: Sourav Mondal & Anr.

... ... Petitioners Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Mr. Anamitra Banerjee ... ... for the petitioners Mr. Debabrata Chatterjee .. ld. Addl. Public Prosecutor Ms. Puspita Saha ... ... for the State

1. It is submitted on behalf of the petitioners that they are in custody for about 53 days. Co-accused have been granted pre-arrest bail. Accordingly, they pray for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits victim had suffered serious injuries.

3. We have considered the materials on record. Incident occurred in course of a skirmish between two political groups. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioners, we are of the opinion further detention of the petitioners is not necessary.

4. Therefore, the petitioners, namely (1) Sourav Mondal & (2) Chinmoy Mondal @ Chinmay Mondal @ Chinmay Mandal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional

Chief Judicial Magistrate, Basirhat, North 24-Parganas subject to condition that the said petitioners 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.

5. In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)