Rajiv Ghosh v. State Of West Bengal

11.12.2020 Sdas allowed CRM 10265 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 259 of 2020 dated 08.05.2020 under Sections 341/326/307/34 of the Indian Penal Code and under Section 27 of the Arms Act. And In Re : Rajib Ghosh ...... petitioner Mr. Sourav Chatterjee .....for the petitioner Mr. Saibal Bapuli, learned A.P.P.

Mr. Arani Bhattacharyya ..... for the State Learned Counsel appearing for the petitioner submits that the petitioner is not the principal accused. He voluntarily appeared and pray for regular bail in view of the liberty granted by a coordinate Bench of this Court in CRM No. 6907 of 2020. It is also submitted that the principal accused is on regular bail. Under such circumstances, we are inclined in granting bail to the petitioner.

Accordingly, 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 Chief Judicial Magistrate, Malda, subject to the condition that the petitioner 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 fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court. The application for bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)