Sagun Mandi v. State Of West Bengal

02.02.2022 Serial no.67 Aloke Ct. No. 29 CRM (DB) 153 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 13.01.2022 in connection with Khatra P.S. Case No. 34 of 2021 dated 12.07.2021 under Sections 376/417/306 of the Indian Penal Code. -AndIn the matter of : Sagun Mandi ... ...Petitioner Ms. Busra Khatun, Advocate ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Mr. Bisyut Kr. Roy, Advocate Ms. Rita Datta, Advocate ... ...For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of 200 days. The police filed charge-sheet and, therefore, further detention is not required.

Learned Public Prosecutor draws the attention of the Court to the suicide note left behind by the deceased. He submits that the petitioner is guilty of destroying the mobile phone of the deceased from which the deceased made phone call to the petitioner prior to her death.

Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, we are inclined to grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Bankura, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and

shall not intimidate witnesses and/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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail is allowed.

CRM (DB) 153 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)