Calcutta High CourtCRM(M)/850/2026allowed

Jyotsna Mondal And ANR. v. State Of West Bengal

2026-06-25Hon'Ble Justice Tirthankar Ghosh2 pages

25.06.2026 Court No.35.

D/L.53.

Rakib (Allowed) CRM (M) 850 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suri Police Station case no. 702 of 2025 dated 10.12.2025 under Sections 85/80(2)/108/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Dowry Prohibition Act, 1961. And In the matter of : Jyotsna Mondal & Anr.

......Petitioners.

Mr. Saryati Datta Ms. Rajnandini Das .....for the Petitioners.

Mr. Pinaki Bhattacharya Mr. Sanjib Das ......for the State.

Learned advocate appearing for the petitioners submit that petitioner no.1 is the mother-in-law and petitioner no.2 is the father-in-law, who are in custody for 191 days and 149 days respectively. Charge-sheet has already been submitted before the jurisdictional Court and the prosecution has relied upon 12 witnesses in order to prove its case.

Learned advocate appearing for the State opposes the prayer for bail and produces the Case Diary.

I have taken into account the statement of the witnesses. There are other reasons for the victim ending her life. However, so far as the demand of dowry is concerned, the same is a conflicting issue.

Be that as it may, having considered that the petitioners are in custody for more than six months and about five months and the charge-sheet has been submitted and the charges are yet to be framed, I am of the view that further detention of the present petitioners may not be warranted in the facts of the case. Accordingly, the prayer for bail of the petitioners is allowed. As such, the petitioners, namely, Jyotsna Mondal and Nakul Mondal shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Birbhum.

If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Birbhum without prior permission of the learned Trial Court.

Thus, CRM (M) No. 850 of 2026 is allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)