Bail Matters

Prayer for pre-arrest bail was turned down by Apex Court granted by Calcutta High Court -13.08.2019

The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.

CALCUTTA HIGH COURT

163

13.08.2019

rkd Ct. No.28

Allowed

C.R.M. 7297 of 2019

In Re: – An application for bail under Section 439 of the Code of Criminal Procedure filed on 07/08/2019 in connection with Kaliachak P.S. Case No. 505 of 2018 dated 17/07/2018 under Sections 286/120B/304 of the Indian Penal Code and under Sections 3/4/5 of the E.S. Act.

And

In the matter of: Riday @ Hriday Ghosh @ Ridoy

….petitioner.

Mr. A. Karmakar,
Mr. A. K. Bhowmick

                               …for the petitioner.

Mr. N. Ahmed,
Ms. A. Roy
…for the State.

Petitioner is in custody for 30 days and it is submitted that some of

the accused persons are on regular bail/anticipatory bail.

Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that the prayer for pre-arrest bail of the petitioner was turned down by the Apex Court.

Having considered the materials in the case diary and bearing in mind the extent of complicity of the petitioner in the alleged crime and in the light of the aforesaid submission that he was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner is directed to be released on bail upon furnishing a Bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Malda subject to the condition that during bail he shall appear before the learned trial court regularly till disposal of the trial and he 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, disposed of.

(Manojit Mandal, J.)

(Joymalya Bagchi, J.)

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