Calcutta High Court (Appellete Side)
Kabirul Mondal & Ors vs Unknown on 17 June, 2019
Author: Md. Mumtaz Khan
Bench: Md. Mumtaz Khan
1 17.06.2019
Sl. No.293 Ct-42 BM CRM 3802 of 2019 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.04.2019 in connection with Amdanga Police Station Case No.388/2018 dated 29.08.2018 under Sections 147/148/149/427/326/302/201/120B of the Indian Penal Code and read with Section 25/27 of the Arms Act and Section 9B(ii) of the Indian Explosive Act.
And In the matter of : Kabirul Mondal & Ors.
... Petitioners Mr. Bikash Ranjan Bhattacharjee, Sr. Adv.
Mr. Rabi Sankar Chattopadhyay Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chatterjee Mr. Santanu Maji Mr. Shrayashi Chowdhury Mr. Subhayu Das Ms. Priyanka Saha ... for the petitioners Mr. Pradipta Kumar Ganguly Ms. Sukanya Bhattacharjee Ms. Trina Mitra ... for the State The petitioners have been implicated for offences under Sections 147/148/149/427/326/302/201/120B of the Indian Penal Code and read with Section 25/27 of the Arms Act and Section 9B(ii) of the Indian Explosive Act.
The learned lawyer for the petitioners submit that the petitioners are in custody for about 280 days and they have not been named in the FIR and no specific role has been ascribed to them in the statement under Section 161 of the Code of Criminal Procedure as supplied to the accused persons under Section 207 of the Code of Criminal Procedure.
The learned lawyer for the State opposes the prayer for bail and submits that the case has been split up and next date is fixed for committal of the case. 2 However, he could not produce any document to distinguish the locus of the present petitioners from that of the petitioners who have granted bail in CRM 10350 of 2018.
Taking into account the facts of the case including the materials in the case diary and considering the period of detention of the accused persons and their complicity in the instant case and that charge sheet has already been submitted and the petitioners have been detained for considerable period of time, we are inclined to release the petitioners on bail.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, North 24-Parganas at Barasat, subject to condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioners will not enter into the jurisdiction of the district of North 24 Parganas for a period of three months except for the purpose of attending the Court proceedings. The petitioners will also inform the Officer-in-Charge of the local Police Station where they will be residing on release and in case of any exigency, the Officer-in-Charge of the local Police Station will make necessary arrangement in such exigency.
In the event of violation of any such conditions, the learned court shall be at liberty to cancel their bail without reference to this Court.
CRM 3802 of 2019 is thus disposed of.
3Urgent photostat certified copy of this order, if applied for, be given to the parties after compliance of necessary formalities.
( Md. Mumtaz Khan, J. ) ( Tirthankar Ghosh, J. )