Ashit Mondal And ANR v. State Of West Bengal
21.09.2020 SL No. 32 sdas CRM 6919 of 2020 with CRAN 1 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barasat Police Station Case No.
of dated 18.05.2020 under Sections 498A/304B/34 of the Indian Penal Code.
And In Re : Ashit Mondal & Anr. ...... petitioners Mr. Surajit Basu .....for the petitioners Mr. Bidyut Kumar Roy Ms. Rita Datta ....for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Accordingly, application being CRAN 1 of 2020 is disposed of.
Having considered the materials on record and keeping in mind the facts and circumstances of the case and the period of detention suffered by the petitioners i.e. 86 days and as investigation is already complete, we are inclined in granting bail to the petitioners.
Accordingly, we direct that the petitioners 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,
Barasat, North 24-Parganas, subject to the condition that petitioners 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.
The application for bail is, accordingly, allowed. (Kausik Chanda, J.) (Joymalya Bagchi, J.)