Judhisthir Sardar v. State Of West Bengal

13.01.2023.

37.

as (Allowed) C.R.M. (DB) 113 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Deganga P. S. Case No.356 of dated 03.07.2021 under Sections 498A/406/307/326 of the Indian Penal Code and adding Sections 302/34 of the Indian Penal Code.

In the matter of : Judhisthir Sardar.

.... Petitioners.

Mr. Partha Pratim Das, Mr. Manojit Chakraborty.

...for the Petitioners.

Mr. Saswata Gopal Mukherji, ld. P.P.

Mr. Aniket Mitra.

...for the State.

Petitioner is in custody for one year and five months. He submits co-accused i.e. mother-in-law of the victim-housewife has been enlarged on bail. He renews his prayer for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Co-accused stands on the same footing with the petitioner and has been released on bail.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Judhisthir Sardar shall 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, North 24-Paraganas, Barasat subject to condition that he shall

appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)