Calcutta High Court (Appellete Side)
Ismail Mallick vs Unknown on 4 December, 2017
1 144 04.12.2017
rkd Ct. No.28 C.R.M. 12159 of 2017
(Allowed)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 01/12/2017 in connection with Sankrail P.S. Case No. 1033 of 2016 dated 14/12/2016 under Sections 147 /148 /149 /186 /295A /332 /333 /353 /427 /435 /436 /379 /506 /307 /354 of the Indian Penal Code and under Sections 25/27 of the Arms Act.
And In the matter of: Ismail Mallick ....petitioner.
Mr. A. Ghatak ...for the petitioner.
Mr. T. k. Ghosh, Mr. A. Sen ...for the State.
It is submitted on behalf of the petitioner that the petitioner stands on the same footing as of co-accused persons who have been granted bail.
The learned counsel appearing on behalf of the State opposes the prayer for bail.
Having considered the materials in the case diary and bearing in mind the nature of allegation and the extent of complicity of the petitioner in the alleged crime and the fact that other co-accused persons stand on the same footing with the petitioner who have been enlarged on bail, we are inclined in granting bail to the petitioner.
Let the petitioner be released on bail upon furnishing a Bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local, subject to the satisfaction of the Learned Chief Judicial Magistrate, Howrah, subject to the condition that he shall not enter the jurisdiction of the Court and he shall provide the particulars of his places of residence to the investigating officer as well as the trial court. He shall not intimidate the witnesses and/or tamper with evidence in nay manner whatsoever and shall not commit similar offences in future and he shall appear before the trial court on every date of 2 hearing.
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, disposed of. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)