Alamgir Mondal@Alomgir v. State Of West Bengal

17.12.2020 Court No.28 SL No.160 AP CRM 10448 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bimpur P.S. Case No.154 of 2020 dated 14.07.2020 under Sections 341/325/326/307/302/34 of the Indian Penal Code.

And In the matter of: Alamgir Mondal @ Alomgir ....Petitioner.

Mr. Sumanta Das ... for the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Dipankar Paramanick ...for the State.

It is submitted on behalf of the petitioner that he is in custody for about 156 days and investigation is complete. Learned lawyer for the State opposes the prayer for bail and submits that the petitioner assaulted the victim with a bamboo stick resulting in his death.

We have considered the materials on record including the statements of witnesses. Incident occurred in the course of sudden altercation. It is not a pre-meditated one. Keeping in mind the period of detention already suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner. Let the petitioner 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, Nadia subject to the condition that while on bail the petitioner shall appear before the learned trial court regularly till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails 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.)