Sushil Mondal And ORS v. State Of West Bengal

CRM 1606 of 2021 06.04.2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 08.02.2021 in connection with Santipur Police Station Case No. 441 of 2020 dated 08.10.2020 under Sections 498A/306/34 of the Indian Penal Code. and In the matter of: Sushil Mondal & Ors.

...... Petitioners Ms. Sananda Bhattacharya, Advocate ......for the Petitioners Ms. Faria Hossain, Advocate Mr. Aniket Mitra, Advocate ...... for the State Court No. 28 Item No. 186 snandy (ALLOWED) The petitioners have filed the instant application for bail in connection Santipur Police Station Case No. 441 of 2020 dated 08.10.2020 under Sections 498A/306/34 of the Indian Penal Code. The present petitioners are the husband and brothers-in-law of the deceased lady who committed suicide at her parental house. The case has been initiated against the petitioners on the charges of abatement and they are languishing in jail for 174 and 82 days respectively.

After perusing the materials from the case diary including the statements recorded under Section 164 of the Code of Criminal Procedure and the fact that other co-accused persons have already been enlarged on anticipatory bail, we feel that further detention of the petitioners is not necessary. Moreover, chargesheet has already been submitted.

As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners shall be released on bail on the following conditions:- i) The petitioners shall furnish a bond of Rs.10,000/- each, with

two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia;

ii) The petitioners shall make themselves available on each and every date so fixed by the trial Court;

iii) Failure to attend the Court on a solitary day without any justifiable reason shall disentitle the petitioners the privilege of bail and the trial Court would be at liberty to cancel the bail without any reference to this Court.

The application being CRM 1606 of 2021 accordingly disposed of.

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