Calcutta High CourtCRM/7246/2020allowed

Alamgir Biswas v. State Of West Bengal

2020-10-01Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Shampa Sarkar2 pages

rkd 01.10.2020 Ct. No.08 (Allowed) C.R.M. 7246 of 2020 (IA NO:CRAN 1 of 2020) (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nowda P.S. Case No. 247 of 2019 dated 10/09/2019 under Sections 447/302/120B/34 of the Indian Penal Code and under Sections 25/27 of the Arms Act.

And In the matter of: Alamgir Biswas ....petitioner.

Mr. G. N. Imrohi ...for the petitioner.

Mr. S. Ghosh, Mr. B. Banerjee ...for the State.

Petitioner undertakes 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 conference. Accordingly, CRAN 1 of 2020 is disposed of.

Petitioner renews his prayer for bail and he is in custody for 311 days. It is further submitted that co-accused persons have been granted bail.

Learned counsel appearing on behalf of the State opposes the prayer for bail.

We have considered the materials on record. Keeping in mind the aforesaid facts and circumstances of the case and as co-accused persons similarly circumstanced with the petitioner have been granted bail, we are inclined to extent the same privilege to the petitioner also.

Accordingly, the petitioner is directed to 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, Berhampore, Murshidabad subject to the condition that during bail he shall appear before the learned trial court regularly till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail is, thus, disposed of. (Shampa Sarkar, J.) (Joymalya Bagchi, J.)