Fulaboti Mandal @ Furkun Mondal v. State Of West Bengal

27.06.2022 sdas allowed CRM(DB) 2018 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 69 of 2022 dated 17.02.2022 under Sections 498A/302/304B/34 of the Indian Penal Code.

And In Re : Fulaboti Mandal @ Furkun Mondal ...... petitioner Ms. Minoti Gomes Mr. Imdadul Hoque .....for the petitioner Mr. Saswata Gopal Mukherji, learned P.P.

Mr. Partha Pratim Das Mrs. Manasi Roy ..... for the State Learned Counsel appearing for the petitioner submits that the petitioner is the mother-in-law of the victim housewife. She is in custody for 129 days.

Learned Counsel appearing for the State opposes the prayer for bail and submits that the victim housewife was tortured and committed suicide within one year of marriage. We have considered the materials on record. Allegations of torture are general and omnibus in nature. In view of the aforesaid facts, period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall 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 Additional

Chief Judicial Magistrate, Chanchal, Malda, subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)