Jishu Pramanik v. State Of West Bengal

17.01.2024 sdas Allowed C.R.M. (DB) No. 142 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 441 of 2023 dated 11.06.2023 under Sections 498A/307/325/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And In Re : Jishu Pramanik ....... petitioner Ms. Minoti Gomes Mr. Sourav Mukherjee Ms. Dona Sanyal Ms. Hasi Jana .....for the petitioner Md. Anwar Hossain Mr. Arindam Sen .....for the State

1. Learned Counsel for the petitioner submits he is in custody for 184 days. It is also submitted he has been falsely implicated. He prays for bail.

2. Learned Counsel for the State opposes the prayer for bail.

3. We have considered the materials on record. Though the allegations are serious, trial has not commenced. Balancing the period of detention suffered by the petitioner with the nature of accusation and as there is no chance of his abscondence, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct that the petitioner 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, Howrah, subject to condition that petitioner 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.

5. In the event 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.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)