Aidin Alias Saidul Mondal v. State Of West Bengal

15.10.2020 SL No.21 AP CRM 7864 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Arambagh P.S. Case No.310 of 2020 dated 14.08.2020 under Sections 341/323/326/307/448/ 427/379/504/506/34 of the Indian Penal Code read with Sections 3/4 of the Explosive Substances Act.

And In the matter of: Aidin @ Saidul Mondal ....Petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ...for the Petitioner.

Ms. Sukanya Bhattacharya, Mr. Md. Kutubuddin ...for the State.

It is submitted on behalf of the petitioner that he is in custody for about 50 days. It is further submitted that the petitioner has been falsely implicated in the instant case due to prior rivalry. Learned lawyer for the State opposes the prayer for bail and submits that the petitioner with other persons attacked the victim as he had lodged a prior criminal case against his associates and the injuries are grave.

Having considered the materials on record and bearing in mind the nature of allegations and as there is prior enmity between the parties and in view of the attending circumstances of the case and keeping in mind the period of detention already suffered by the petitioner, we are inclined to grant bail to the petitioner subject to strict conditions.

Let the petitioner be released on bail upon furnishing a Bond of Rs.10,000/-(Rupees Ten Thousand Only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Arambagh, Hooghly subject to the condition that during bail the petitioner shall appear

before the learned trial court regularly till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter the jurisdiction of Arambagh Police Station until further orders except for the purposes of investigation and/or for attending the court proceedings and shall provide the address where the petitioner shall presently reside to the Investigating Agency as well as the Court below and shall report to the Officer-inCharge of the concerned police station within whose jurisdiction the petitioner shall presently reside once in a week until further orders. 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. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Subhasis Dasgupta, J.) (Joymalya Bagchi, J.)