Abdul Khalek v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 06-10-2020 Subha Item no.5 Bail allowed C.R.M 7570 of 2020 Abdul Khalek -vsThe State of West Bengal With CRAN 1 of 2020 (Via video conference) In Re: An application for bail under Section 439 Cr.P.C in connection with Raiganj P.S. Case No.553 of 2014 dated May 26, 2014 under sections 302/34 of the Indian Penal Code.

Mr. Anindya Ghosh ...for the petitioner. Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... for the State.

The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The case is under Section 302 of the Indian Penal Code. The incident occurred on 26th May, 2014, the charge and subsequent charge-sheets were filed on 30th October, 2014 and June 4, 2015 respectively. Charge was framed in January, 2019. The petitioner was arrested on 24th January, 2019 and he is in custody for more than 600 days.

It is an admitted position that the principal accused are enlarged on bail. In the circumstances, we allow the prayer for application for bail of the petitioner.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) together with personal release bond of equivalent value to the satisfaction of the appropriate court, Uttar Dinajpur. 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 the court.

Accordingly, the application for bail, being CRM No.7570 of 2020 and CRAN 1 of 2020 are disposed of.

[Hiranmay Bhattacharyya, J] [ I. P. Mukerji, J]