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Calcutta High CourtCRM(M)/391/2025allowed

Ashok Mondal And ANR. v. State Of West Bengal

2025-05-23Hon'Ble Justice Suvra Ghosh2 pages

23.05.2025 Ct.No.34 b.das Allowed C.R.M. (M) 391 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Khanakul P.S. Case No. 129 of 2025 dated 19.02.2025 under Sections 85/316(2)/80/61(2) of BNS and Section 4 of the Dowry Prohibition Act. And In Re :

Ashok Mondal & Anr.

... Petitioners.

Mr. Niladri Sekhar Ghosh Ms. Suparna Chatterjee Ms. Laboni Sikdar Mr. Souvik Dey ... for the Petitioners.

Mr. Baisali Basu Mr. Puja Goswami ... for the State.

The petitioners are the parents in law of the deceased and are in custody for about 96 days. They pray for bail. Learned counsel for the State opposes the prayer. I have perused the material on record. It appears that the victim committed suicide by consuming poison within 4 years of marriage. Incident of assault by the petitioners is prima facie available on record. Whether the conduct of the petitioners can be said to be the proximate cause for commission of suicide by the victim shall be assessed at the appropriate stage of trial. Charge sheet has been submitted.

Considering the material on record and extent of complicity of the petitioners in the alleged offence, this Court is of the view that further detention of the petitioners is not required and they may be granted bail.

Accordingly, the prayer for bail is allowed.

The petitioners Ashok Mondal & Radharani Mondal be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly subject to condition that they shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the learned trial Court on any date fixed before it without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is thus disposed of. Case Diary be returned.

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

(Suvra Ghosh, J.)