Avijit Sarkar@Kele v. State Of West Bengal

21.09.2020

(33) KC C.R.M. 6971 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No. 290 of 2019 dated 16.12.2019 under Sections 341/302/34 of the Indian Penal Code and Sections 25(1)(a)(b)/27 of the Arms Act.

In the Matter of : Avijit Sarkar @ Kele .... petitioner.

Mr. Prabir Kumar Majumdar.............For the petitioner. Mr. Rana Mukherjee, Mr. Prateek Bose..............................For the State. The advocate-on-record for the petitioner 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 charge against the petitioner is culpable homicide amounting to murder.

Three co-accused have been enlarged on bail. Chargesheet has been submitted. There is no allegation that the petitioner will interfere with witnesses, tamper with evidence or flee from justice. In those circumstances, we allow this application for bail. The petitioner will be released on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand) together with

personal release bond of equivalent value to the satisfaction of the appropriate court in Nadia. 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 petitioner without any reference to this Court. CRM 6971 of 2020 and the interim application filed therein are disposed of.

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