Aniruddha Mandal v. State Of West Bengal And ANR

04.03.2024 tkm/ct 28 C.R.M. (DB) 686 of 2024 sl no. 48 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Narayangarh P.S case no. 94 of 2021 dated 30.4.2021 under sections 417/376/306/506/34 IPC and Allowed In Re : Aniruddha Mandal ... petitioner Mr. Navanil De Mr. R Chakraborty ...... for the petitioner Mr. S S Imam Ms. Trina Mitra ...... for the State

1. Petitioner is in custody for 84 days. He contends that there was free mixing between two young persons. Parents of he petitioner did not agree to the marriage. As a result the victim committed suicide. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. Learned lawyer for the victim contends victim had become pregnant due to the relationship but the petitioner refused to marry.

4. We have considered the materials on record. There was free mixing between two young persons. It is contended that the parents of the petitioner did not support the marriage. Victim was a major lady at the time of cohabitation. Allegation that the victim had become pregnant is not borne out from the post mortem report. Investigation is complete and there is no chance of abscondence.

5. Under such circumstances we are inclined to grant bail to the petitioner.

6. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/-each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM Kharagpur, Paschim Midnapore 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.

7. 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.

8. The application being CRM (DB) 686 of 2024 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)