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 crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. 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 evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 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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