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Calcutta High CourtCRM/9655/2020allowed

Raju Dolai @ Sourav Dolai And ANR v. State Of West Bengal

2020-12-24Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

24.12.2020 Court No.28 SL No.40 AP CRM 9655 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Egra P.S. Case No.437/2020 dated 28.08.2020 under Sections 302/201/34 of the Indian Penal Code.

And In the matter of: Raju Dolai @ Sourav Dolai & Anr. ....Petitioners.

Mr. Anirban Mitra, Mr. Amit Halder, Ms. S. Saha ... for the Petitioners.

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

It is submitted on behalf of the petitioners that they are in custody for about 120 days and co-accused persons are on bail. Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime and as coaccused persons are on bail, we are inclined to grant same privilege to the petitioners also. Under the aforesaid circumstances, we are inclined to grant bail to the petitioners.

Let the petitioners be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Contai, Purba Midnapore, subject to the condition that while on bail the petitioners shall appear before the learned trial court regularly till disposal of the trial and the petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail 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, 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.)