Rakesh Ghanta And ANR. v. State Of West Bengal

08.12.2020 Sdas allowed CRM 10009 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Amta Police Station Case No. 332 of 2020 dated 14.11.2020 under Sections 186/332/353 of the Indian Penal Code.

And In Re : Rakesh Ghanta & Anr. ...... petitioners Mr. Firdous Samim .....for the petitioners Mr. N. Ahmed, learned A.P.P.

..... for the State It is submitted by the learned Counsel appearing for the petitioners that there was a democratic agitation and petitioners have been falsely implicated in the instant case. Learned Counsel appearing for the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case, we are inclined in granting bail to the petitioners.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Uluberia, Howrah, subject to the 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without further reference to this Court. The application for bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)