Sushanta Mondal v. State Of West Bengal

06.02.2023.

31.

Ct.No.28 as (Allowed) C.R.M. (DB) 443 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.816 of 2022 dated 13.08.2022 under Sections 498A/302 of the Indian Penal Code and charge sheet submitted under Sections 498A/304B of the Indian Penal Code.

In the matter of : Sushanta Mondal.

.... Petitioner.

Mr. Gobinda Chandra Baidya.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Partha Pratim Das, Mrs. Manasi Roy.

...for the State.

Petitioner is in custody for 175 days. It is submitted victim had a prior marriage. He prays for bail. Learned Advocate for the State opposes the bail prayer. He submits victim was subjected to torture by the petitioner. She committed suicide.

We have considered the materials on record. Keeping in mind the aforesaid submission, period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner.

Accordingly, the petitioners viz., Sushanta Mondal 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, Ranaghat, Nadia 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.

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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)