Bapi Laskar @ Bapi Majumdar v. State Of West Bengal And ORS.

18.11.2020 (Allowed) srm CRM No. 8944 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No.1135 dated 19/08/2019 under Sections 395/397/412 of the Indian Penal Code.

And In the matter of : Bapi Laskar @ Bapi Majumdar ... Petitioner Mr. Younush Mondal .. for the Petitioner Mr. Imran Ali, Ms. Manasi Roy ..for the State The learned Counsel for the petitioner submits that the petitioner has been languishing in custody for over 1 year 3 months and he has been falsely implicated. It is further submitted that the prime accused, Dipa Majumdar, has been granted regular bail by the trial Court on 29th February, 2020.

The learned Counsel for the State, however, opposes the prayer for bail. Reliance is placed on the statement of Dipa under Section 161 of the Code of Criminal Procedure to show that the present petitioner was also involved in the dacoity.

Considering the fact that Dipa has already been granted bail and the nature and extent of complicity of

the petitioner in the commission of offence as well as the period of his detention and the fact that the charge sheet has already been filed, we are inclined to grant bail to the petitioner.

We direct that the petitioner shall 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, Baruipur, South 24-Parganas and to comply with the provisions of Section 437(3) of the Code of Criminal Procedure. The petitioner shall appear before the learned trial court on every date till the conclusion of trial.

In the event the petitioner fails to comply with any of the conditions mentioned hereinabove, it would be open to the trial court to cancel the bail without any further reference to this Court.

Accordingly, the application for bail being CRM 8944 of 2020 is allowed and disposed of.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J. )