Kasem Mondal v. State Of West Bengal

23.03.2021 Item No.83 Ct.No.28 dc.

Allowed C.R.M. 1017 of 2021 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Santipur P.S. Case No. 347 of 2020 dated 10.08.2020 under Sections 498A/304B/34 of the Indian Penal Code.

And In Re :

Kasem Mondal ... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha ... For the Petitioner.

Ms. Zareen N. Khan, Ms. Mayukhi Mitra ... For the State.

This is an application for bail in connection with Santipur P.S. Case No. 347 of 2020 dated 10.08.2020 under Sections 498A/304B/34 of the Indian Penal Code at the behest of the petitioners.

The petitioner prays for bail on the ground of parity. The husband of the victim lady has already been enlarged on bail and the petitioner is the father-in-law of the victim lady. Since the petitioner is standing on the same footing with that of his son, who has already been enlarged on bail by this Court on 17.12.2020 in CRM 10499 of 2020, we do not feel that further detention of the petitioner is warranted. As such, the petitioner's prayer for bail is allowed.

Accordingly, we direct that the petitioner, namely, Kasem Mondal 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to the condition that the 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 automatically without further reference to this Court.

The application for bail, being CRM 1017 of 2021, is, thus, disposed of.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)