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Calcutta High CourtCRM (DB)/1879/2022allowed

Subhasish Mondal v. The State Of West Bengal

2022-06-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

21.06.2022 cm/ct 28 C.R.M.(DB) No. 1879 of 2022 sl no. 29 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gobardhanpur Costal P.S Case No. 4 of 2022 dated 09.01.2022 under Sections 498(A)/304B/302/34 of the Indian Penal Code, and 3 / 4 Section D.P.Act. And Allowed In Re : Subhasish Mondal ..... petitioner Mr. Md. Aslam Khan ...... for the petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P.

Mr. Aniket Mitra ...... for the State Petitioner is the husband of the victim housewife. He is in custody for 150 days. He submits that investigation is complete. Learned lawyer for the State submits opposes the prayer for bail and submits victim housewife was tortured and committed suicide within one year of marriage.

We have considered the materials on record. Allegations of torture are essentially against her in-laws. Keeping in mind the extent of complicity of the petitioner-husband in the alleged crime and the period of detention suffered by him, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Kakdwip, on condition that 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.

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. The application being CRM(DB) No.1879 of 2022 is disposed of.

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