Subhasish Mondal v. State Of West Bengal

30.01.2023 sdas allowed CRM(DB) No. 336 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bankura Women Police Station Case No. 06 of 2022 dated 28.01.2022 under Sections 498A/323/325/307/313/506 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

And In Re : Subhasish Mandal ...... petitioner Mr. Subhas Chandra Atha Ms. Payel Paramanik .....for the petitioner Mr. Debabrata Chatterjee, learned APP Ms. Mausumi Sarkar ..... for the State We have considered the materials on record including the injury report. Injury does not appear to be life threatening. Balancing the nature of accusation with the period of detention suffered by the petitioner i.e. 134 days and as investigation is complete, we are inclined to grant bail to him. 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 Additional Sessions Judge, 3rd court, Bankura, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without 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, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)