Pritam Mondal And ANR v. State Of West Bengal

18.04.2023 tkm/ct 28 C.R.M. (DB) 1538 of 2023 sl no. 64 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tarapith PS case no. 63 of 2022 dated 17.8.2022 under sections 498A/304B/302/34 of the IPC And Allowed In Re : Pritam Mondal & Anr.

...... petitioners Mr. R Banerjee Mr. D Brahma ...... for the petitioners Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ...... for the State Petitioners are the husband and father-in-law respectively of the victim-housewife. It is submitted they have been falsely implicated. They pray for bail.

Learned lawyer for the State opposes the bail. We have considered the materials on record. There is no direct evidence that the petitioners had set the housewife on fire. Balancing the nature of accusation with the period of detention suffered by the petitioners i.e eight months and as there is little possibility of trial concluding in near future, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners 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, Rampurhat, Birbhum on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 1538 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)