Mrinmoy Chandan Dutta @ Tubai v. State Of West Bengal

13.06.2022 tkm/ct 28 C.R.M. (DB) 1592 of 2022 sl no. 48 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bongaon P.S case no. 855 of 2013 dated 26.11.2013 under section 498A/302/120B/34 IPC and 3/4 of the DP Act And Allowed In Re : Mrinmoy Chandan Dutta @ Tubai ...... petitioner Mr. Soubhk Mitter Mr. L Maitra Mr. K. K Bhatacharjee Ms. R Das ...... for the petitioner Ms. Faria Hossain Mr. Anan Keshari ...... for the State It is submitted that the petitioner is suffering from mental retardation and schizophrenia and is under continuous medical treatment. As a consequence he is unable to understand the proceeding and participate in the trial. Notwithstanding such fact, petitioner was directed to be personally present in court and has been taken into custody.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record including the medical papers. Prima facie, it appears that the petitioner is suffering from medical illness and is under continuous treatment. In view of the aforesaid facts and circumstances of the case, we are inclined to grant bail to the petitioner. 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, Bongaon, North 24 Pgs on condition that the petitioner

shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

The application being CRM (DB) 1592 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)