Binoy Mondal @ Binay v. State Of West Bengal

06.10.2020.

Item No. SL-10 ab C.R.M. 7402 of 2020 + C.R.A.N. 1 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Raninagar P.S. Case No. 149 of 2020 dated 23.03.2020 under Sections 448/325/307/302/34 of the Indian Penal Code;

And In the matter of : Binoy Mondal @ Binay.

... petitioner.

Mr. Sabir Ali, Mr. Ali Ahsan Alamgir, Mr. Mujibar Ali Naskar.

...For the petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Pramanick.

...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 accusation is under Section 302 of the Indian Penal Code.

The death took place on 22nd March 2020. The petitioner is in custody for 186 days. The charge-sheet was submitted on 7th July 2020.

Learned advocate for the State says that there are several eyewitnesses and that there should be custodial trial. There is no evidence before us to suggest that the petitioner will intimidate any witness or tamper with evidence. However, in deference to the submission of the

learned advocate for the State, we allow this application for bail with an added condition.

The petitioner will be released on bail upon furnishing security of Rs. 10,000/- together with personal release bond of equivalent value to the satisfaction of the appropriate court in Murshidabad. The additional condition is that the petitioner shall not leave the jurisdiction of the local police station without informing the Inspector in-Charge or the jurisdictional court, Murshidabad.

CRM 7402 of 2020 and the interim application filed therein are disposed of.

(I.P. Mukerji, J.) (Hiranmay Bhattacharyya, J.)