Khokon Majhi v. State Of West Bengal

06.02.2024.

20.

Ct.No.28.

as (Allowed) C.R.M. (DB) 354 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kultali P.S. Case No.678 of dated 20.10.2023 under Sections 498A/302/34 of the Indian Penal Code and charge sheet submitted under Sections 498A/302 of the Indian Penal Code.

In the matter of : Khokon Majhi.

.... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mr. Partha Pratim Das, Mr. Arindam Sen.

...for the State.

1.

Petitioner contends he had married twice. There was dispute between first wife and his second wife i.e. the deceased. He has been falsely implicated in the murder. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. We have also examined the statement of the daughter of the second wife i.e. the deceased. She stated first wife had assaulted her mother and dragged her into the pond. There is no allegation against the petitioner.

4.

Keeping in mind the extent of complicity of the petitioner in the crime and the period of detention suffered by him i.e. three and half months, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Khokon Majhi 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 Chief Judicial Magistrate, Baruipur, South 24-Paraganas subject to condition that he 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. 6.

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 his bail in accordance with law without further reference to this Court.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)