In Re Bikash Pandey @ Vikash PandeyVs State

Rajarshi Bharadwaj, J

The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

It is submitted by the learned Counsel appearing for the petitioner that the petitioner is falsely implicated in the instant case and he is in custody for 160 days. It is further submitted that the charge-sheet has already been filed and trial could not start as one of the co-accused is absconding.

Learned Counsel appearing on behalf of the State opposes the prayer for bail. Considering the submission of the petitioner that the trial of the instant case has been pending for long and as the other accused Ghanshyam Singh alias Ghanshu is absconding and also due to the sudden outbreak of CORONA Virus leading to a worldwide pandemic, and as the petitioner has suffered detention for long. , I am of the opinion that further detention of the petitioner may not be necessary in the facts of the case.

Accordingly, I direct the petitioner namely, Bikash Pandey @ Vikash Pandey @ Vicky shall be released on bail upon security of Rs. 10,000/-(Rupees Ten Thousand only) and personal release bond of equivalent amount to the satisfaction of the Chief Judicial Magistrate, Howrah, subject to the condition that the accused person shall meet the Investigation Officer once in a week till disposal of the trial. After being released on bail, the petitioner shall inform his whereabouts to the Investigation Officer and on further condition that the petitioner shall not intimidate the witnesses or tamper with the evidence in any manner whatsoever and shall appear before the trial court on every date of hearing.

In the event the petitioner fails to do so, without justifiable cause the trial court shall be at liberty to cancel his bail in accordance with law without any further reference to this Court.

The application for bail is, thus, allowed.

The Chief Judicial Magistrate is requested to act on the server copy of this order.