Rajkumar Mondal v. State Of West Bengal
15.12.2020 Sl. No.37 akd [ALLOWED] C. R. M. 9163 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.10.2020 in connection with English Bazar Police Station Case No. 701 of 2020 dated 19.08.2020 under Sections 419/420/467/468/471/506/34 of the Indian Penal Code. And In Re: Rajkumar Mondal ... ... Petitioner Mr. Kunal Ganguly .. Advocate ... ... for the petitioner Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Ms. Sayanti Santra .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 114 days. It is further submitted that principal accused is on bail.
Learned Additional Public Prosecutor opposes the prayer for bail and submits that the petitioner and co-accused induced innocent job seekers to part with money on the false promise of giving employment.
Allegations against the petitioner and co-accused are grave. However, the principal accused is on regular bail. Under such circumstances, we find no reason to subject the petitioner to further undertrial detention.
Therefore, the accused/petitioner, namely Rajkumar Mondal, 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 Chief Judicial Magistrate, Malda subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders
and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)