Nimai Halder v. State Of West Bengal

21.09.2020

(34) KC C.R.M. 6954 of 2020 With CRAN 1 of 2020 (Circuit Bench at Jalpaiguri) (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Falakata Police Station Case No. 65 of 2020 dated 15.02.2020 under Sections 489A/489B/489C/120B of the Indian Penal Code. In the Matter of : Nimai Halder and Ors.

.... petitioners.

Mr. Debasish Roy, Mr. S.K. Nag, Mr. Samrat Chowdhury, Mr. Debasish Dhar, Mr. Sekhar Halder...............................For the petitioners. Mr. Aditi Sankar Chattrjee...................For the State. The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The alleged offence concerns procurement/possession of fake currency.

Learned counsel for the petitioners submits that the accusation against the petitioners is on the basis of the statements made by a co-accused. The petitioners are in custody over two hundred days. Charge-sheet has been submitted on 15th May, 2020.

There is no allegation that the petitioners will interfere with witnesses, tamper with evidence or fleeing from justice. In those circumstances, we allow this application for bail.

The petitioners will be released on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand) each together with personal release bond of equivalent value each to the satisfaction of the appropriate court in Alipurduar. The petitioner must, however, attend on every date fixed for trial and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioners without any reference to this Court.

CRM 6954 of 2020 and the interim application filed therein are disposed of.

(I.P. MUKERJI, J.) (MD. NIZAMUDDIN, J.)