Akash Mandal v. State Of West Bengal

20.11.2020 Supp.3 b.das CRM 8664 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda P.S. Case No.313 of 2020 dated 08.06.2020 under Sections 392/397/411 of the Indian Penal Code and Section 25(1B)(a) of the Arms Act.

And In the matter of: Akash Mondal ....Petitioner.

Mr. Pawan Kr. Gupta Mr. B. Ghosh Ms. Sofia Nesar ...for the Petitioner.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

It is submitted on behalf of the petitioner that he has been in custody for 160 days.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and keeping in mind the facts and circumstances of the case and as co-accuseds have been enlarged on bail and in view of the period of detention suffered by him, we are inclined to grant bail to the petitioner. Accordingly we direct that the petitioner shall 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 CJM, Malda subject to condition that the petitioners shall appear before the trial court on every date of hearing

until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)