Manojit Biswas v. State Of West Bengal

25.01.2023 Sl. No.37 akd [ALLOWED] C. R. M. (DB) 299 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.01.2023 in connection with Hanskhali Police Station Case No.632 of 2022 dated 26.06.2022 under Sections 498A/306/34 of the Indian Penal Code.

And In Re: Manojit Biswas ... ... Petitioner Ms. Minoti Gomes Mr. Asraf Mandal ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Ms. Faria Hossain Mr. Anand Kesari ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 209 days. It is further submitted victim-housewife committed suicide at her parental home. Investigation is complete.

Learned Advocate for the State opposes the prayer for bail and submits petitioner had an illicit affair. As a result, victim committed suicide.

We have considered the materials on record. Victim-housewife committed suicide at her parental home. Investigation is complete. Keeping in mind the aforesaid facts and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Manojit Biswas, 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 Additional Chief Judicial

Magistrate, Ranaghat, Nadia subject to condition that the said 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.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)