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Calcutta High CourtCRM (DB)/2019/2023allowed

Jamsed Mondal And ANR. v. State Of West Bengal

2023-06-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

23-06-2023 (ct. no.06) KOLE Allowed CRM (DB) 2019 of 2023 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 274 of 2023 dated 30.03.2023 under Sections 498A/304B/34 of the Indian Penal Code. - A n d - In the matter of : Jamsed Mondal & Anr.

.... Petitioners.

Mr. A. K. Chakraborty, Mr. Sourav Mondal, ... For the Petitioners.

Mr. Swapan Banerjee, Mr. Suman De, ... For the State.

We have perused the case diary. The allegation is under Sections 498A/304B read with Section 34 of the Indian Penal Code. The petitioners say that they are in custody for 86 days. They are the father-in-law and brother-in-law of the victim. The petitioners say that the other accused persons excepting the husband of the victim have been granted anticipatory bail. The petitioners stand on the same footing as those persons. This is admitted by learned Advocate for the State. On the ground of parity, the petitioners' prayer for bail is granted. Accordingly, we direct that the petitioners, namely, Jamsed Mondal and Rahamat Mondal @ Rahamatullah Mondal shall 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia and on further conditions that they will

not commit any cognizable offence and shall not leave the jurisdiction of concerned police station and shall report to the Officer-in-Charge of the concerned police station once every fortnight until further orders. The petitioners shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners' bail in accordance with law without further reference to this court.

The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. ) ( Apurba Sinha Ray, J. )