Allowed

Abhishek Malakar @ Abhisek Malakar v. State of West Bengal

Calcutta HC24 Jun 2022CRM (SB)/137/2022

Case brief

AI extract

What is this about?

The Single Judge Court granted bail to the petitioner, Abhishek Malakar, who was charged under Sections 354 and 34 of the IPC. The court noted that the principal accused was already on bail, the trial had commenced, and there was no indication of non-cooperation.

What did the court decide?

Petitioner released on bail to furnish bond of Rs. 10,000/- with one surety of like amount and condition not to influence witnesses or threaten prosecution.

Abhishek Malakar @ Abhisek Malakar Vs State of West Bengal — Bail and Remand | Calcutta HC (2022)

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24.06.2022 Item No.67 SB

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C.R.M. (SB) 137 of 2022

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In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Bidhannagar North Police Station Case No. 257 of 2021 (G.R. case no. 1506 of 2021) dated 11.12.2021 under Sections 354/34 of the Indian Penal Code, 1860.

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And

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In Re : Abhishek Malakar @ Abhisek Malakar

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Mr. Tarunjyoti Tewari Mr. Binay Panda Mr. Subham Bhakat

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... Petitioner ... For the Petitioner ... For the State.

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It is submitted on behalf of the learned advocate for the petitioner that the petitioner is innocent and no way connected with the alleged occurrence and the allegation against him that he was driving the vehicle and that he is in custody since 11^th December, 2021. The charge has already been framed and the matter is pending for trial and the principal accused of this case namely, Sandip Kumar Paul has been granted bail by a coordinate bench of this court vide order dated 17^th June, 2022. The present petitioner is in better footing and if he is released on bail, he will be available during trial.

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Learned advocate for the State submits that the other co-accused is on bail and his trial is going on and he has got no objection if the present petitioner is released on bail on

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condition that he will made himself available during the course of trial.

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Considered the submissions made by both the parties. In view of the facts and circumstances of the case, period of detention of the petitioner and that the other co-accused is on bail and the trial has commenced and there is nothing to show that the petitioner has not made any co-operation either with the Investigating agency or during trial, the petitioner may be enlarged on bail. As such, the prayer for bail is allowed .

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Accordingly, I direct that the petitioner, namely, Abhishek Malakar @ Abhisek Malakar shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Barasat and also on further condition that the petitioner will not influence or threaten any witness on behalf of the prosecution in course of trial and he will attend the court each and every date when he will ask by the court to appear.

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The application for bail, being CRM (SB) 137 of 2022, is, thus, allowed.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Abhishek Malakar @ Abhisek Malakar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Abhishek Malakar @ Abhisek Malakar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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