Calcutta High CourtCRM/5368/2021allowed

Sankar Manna @Shankar Manna v. State Of West Bengal

2021-12-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

07.12.2021 Sl. No.11 akd [ALLOWED] C. R. M. 5368 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.08.2021 in connection with Jagatballavpur Police Station Case No. 26 of 2021 dated 28.01.2021 under Sections 498A/304B/34 of the Indian Penal Code. (G.R. Case No.496 of 2021) And In Re: Sankar Manna @ Shankar Manna ... ... Petitioner Mr. Kallol Mondal Mr. Krishan Ray Ms. Amrita Chel Mr. Anamitra Banerjee ... ... for the petitioner Mr. Bidyut Kr. Roy Ms. Rita Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 313 days. It is further submitted that the victim died due to accidental drowning.

Learned advocate appearing for the State opposes the prayer for bail and submits that the victim was tortured over dowry and suffered unnatural death within 31/2 years of marriage. We have considered the materials on record. Post-mortem report shows that the victim died due to drowning. In view of the aforesaid facts, period of detention suffered by the petitioner and as investigation is complete, we are of the opinion that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sankar Manna @ Shankar Manna, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah (Sadar) subject to condition

that the said petitioner shall appear before the trial court on every date of hearing until further orders 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 for bail, thus, stands allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)