Calcutta High Court (Appellete Side)
Ajharuddin Mondal @ Azhar Uddin vs Unknown on 28 March, 2019
Author: Md. Mumtaz Khan
Bench: Md. Mumtaz Khan
1 9 C.R.M. 442 of 2019 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.01.2019 in connection with Amdanga Case No. 388 of 2018 dated 29.8.2018 under Sections 147/148/149/427/326/302/201/120B of the Indian Penal Code and read with Sections 25/27 of the Arms Act and Section 9B(ii) of Indian Explosive Act;
And In the matter of: Ajharuddin Mondal @ Azhar Uddin Purkait & ors. ...Petitioners.
Mr. Bikash Ranjan Bhattacharyay, Sr. Adv.
Mr. Rabi Sankar Chattopadhyay Mr. Uday Sankar Chattopadhyay Mr. Sumon Sankar Chattopadhyay Mr. Soumen Banerjee Mr. Santanu Maji Ms. Snigdha Saha Ms. Payel Shome Mr. Pronay Basak Mr. S. Das ... For the Petitioners Mr. Neguive Ahmed, APP Mr. Pradipta Ganguly ... For the State This is a case under Sections 147/148/149/427/326/302/201/120B of the Indian Penal Code and read with Sections 25/27 of the Arms Act and Section 9B(ii) of Indian Explosive Act.
The learned advocate for the petitioners submit that the petitioners are in custody for about 207 days. They were not named in the FIR and charge-sheet has already been submitted against 53 (fifty-three) accused persons in connection with the instant case.
The learned advocate for the State opposes the prayer for bail and submits that although the accused persons were reluctant to receive the copies, yet the prosecution has been able to serve them and the next date is fixed for commitment of the case.
On enquiry by this Court, the learned advocate for the State could not show any overt act in respect of any of the accused in the case diary.
2We have perused the materials on record including the case diary and considering the period of detention of the accused persons and their complicity in the instant case and that the investigation is over and further detention therefore is unwarranted, we are inclined to enlarge the petitioners on bail.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- each 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 the said petitioners shall appear before the trial Court on every date of hearing until further orders and shall not intimidate witnesses 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 the bail of the petitioners without any further reference to this Court.
Accordingly, the application for bail is allowed.
C.R.M. 442 of 2019 is thus disposed of.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Md. Mumtaz Khan, J.) (Tirthankar Ghosh, J.)