Rajyadhar Mondal v. State Of West Bengal
01.03.2024 tkm/ct 28 C.R.M. (DB) 580 of 2024 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Mallarpur P.S case no. 157 of 2023 dated 2.8.2023 under sections 302/201/120B IPC and Allowed In Re : Rajyadhar Mondal ... petitioner Mr. S N Mukherjee Ms. A Nusrat ...... for the petitioner Ms. Faria Hossain Ms. Purnima Ghosh ...... for the State
1. Petitioner is the father in law of the victim lady. He contends he is not the principal accused. He prays for bail.
2. Learned lawyer for the State opposes the bail prayer.
3. We have considered the materials on record. Husband of the victim assaulted her with a hammer. As a result she died. Petitioner though present at the place of occurrence, is not the principal accused.
4. Keeping in mind the extent of complicity in the crime and as there is no chance of abscondence, we are inclined to grant bail to the petitioner.
5. Accordingly, the petitioner 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 ACJM Rampurhat, Birbhum on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
6. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
7. The application being CRM (DB) 580 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)