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2023 DIGILAW 983 (BOM)

Bappi Mondal v. Police Inspector, Officer

2023-04-17

M.S.KARNIK

body2023
JUDGMENT 1. Heard learned Counsel for the Applicant. 2. This is an application for bail filed by the Accused No.1 for the offence registered against him under Ss. 302 and 324 read with Sec. 120 (B) of the Indian Penal Code (IPC) in Crime No. 154/2019 of the Pernem Police Station. 3. It is alleged that there are three Accused involved in the conspiracy. The date of the incident is intervening night on 18th and 19/9/2019. 4. The prosecution case is that the deceased Chiranjeet Roy was brutally stabbed by the Accused No.3-Raj Kumar who happens to be the uncle of Dalim Roy (Accused No. 2). The prosecution case is that the Accused conspired to eliminate the deceased. By an Order dtd. 27/7/2022, for the reasons recorded therein, the Accused No.2 (Dalim Roy) has been released on bail. A perusal of the Order dtd. 27/7/2022 reveals that the role of the Applicant is similar to that of Accused No.2, who has been granted bail. 5. Learned Public Prosecutor opposed the application and submitted that the materials disclose involvement of the Applicant. He submitted that the offence is serious and the Applicant should not be released on bail. 6. The Applicant is in custody from 19/9/2019, for a period of three and half years. The co-Accused No.2, who has a similar role, has been released on bail. There are no criminal antecedents reported against the Applicant. On the ground of parity, even the Applicant can be released on bail. The investigation is complete and the chargesheet is filed. 7. For all these reasons, the Application is allowed in the following terms : (a) The Applicant, Bappi Mondal, shall be released on bail on furnishing P.R. Bond of Rs.30,000.00 with one or more sureties in the like amount, to the satisfaction of the Trial Court, in connection with Crime No. 154/2019 dtd. 19/9/2019, registered at Pernem Police Station. (b) The Applicant shall report to the Investigating Officer, twice a month i.e. on every 2nd and 4th Monday, between 11:00 a.m. to 1:00 p.m. commencing from 24/4/2023. (c) The Applicant shall furnish his particulars of the present and permanent address and contact details to the Investigating Officer, within seven days from his release from the custody. (d) The Applicant shall not tamper with evidence or contact any of the witnesses or seek to influence the investigation in any manner. (c) The Applicant shall furnish his particulars of the present and permanent address and contact details to the Investigating Officer, within seven days from his release from the custody. (d) The Applicant shall not tamper with evidence or contact any of the witnesses or seek to influence the investigation in any manner. (e) Needless to mention, in the event of breach of any conditions, the bail shall stand cancelled. (f) It is made clear that the observations made in the order are for the limited purpose of bail and the Trial Court shall proceed without being influenced by any of these observations.