Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Rafik Mondal & Anr on 5 December, 2017
1 Sl. December C.R.M. 12173 of 2017
51. 5, 2017 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on December 1, 2017 in connection with Kotulpur Police Station Case no. 118 of 2007 dated December 2, 2017 under Sections 302/201/120B of the Indian Penal Code;
And In the matter of : Rafik Mondal & anr. ...petitioners.
Versus
State of West Bengal ...opposite party.
Mr. Samiran Mandal,
...for the petitioners.
Mr. Arun Kumar Maity,
Ms. Kaberi Sengupta,
...for the State.
It is submitted on behalf of the petitioners that the petitioner no. 1 is in custody for 116 days and the petitioner no. 2 is in custody for 142 days and that investigation in the instant case is complete.
The learned lawyer appearing on behalf of the State opposes the prayer for bail.
We have heard the learned advocates appearing for the parties and perused the case diary.
Having considered the materials in the case diary and bearing in mind the extent of complicity of the petitioners in the alleged crime and the period of detention suffered by the petitioners and the fact that investigation in the instant case is complete, we are inclined in granting bail to the petitioners.
As such, the petitioners, namely, Rafik Mondal and Sakiar Mondal @ Chhaku, shall be released on bail upon execution of a bail bond of Rs. 10,000/- (Rupees ten thousand) only each with two sureties of like amount - one of whom must be local, to the satisfaction 2 of the learned Additional Chief Judicial Magistrate at Bishnupur, Bankura, on condition that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence and on further condition that they shall attend the court proceeding on each date of hearing, failing which the trial court would be at liberty to cancel the bail of the petitioners without any further reference to this court.
The application for bail, thus, stands allowed.
dns ( Rajarshi Bharadwaj, J. ) ( Joymalya Bagchi, J. )