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Calcutta High CourtCRM (DB)/2349/2023allowed

Mrityunjoy Mondal v. State Of West Bengal

2023-07-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

31.07.2023.

14.

Ct.No.28 as (Allowed) C.R.M. (DB) 2349 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhimpur P. S. Case No.122 of dated 14.04.2023 under Sections 498A/304B/306/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Mrityunjoy Mondal.

.... Petitioner.

Mr. Navanil De, Mr. Subhrajit Dey, Ms. Monami Mukherjee.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Partha Pratim Das, Ms. Eshita Dutta.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Petitioner is in custody for 109 days. Investigation is complete. Allegations of torture are general and omnibus. Petitioner has permanent home and hearth and there is no chance of abscondence.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Mrityunjoy Mondal shall 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 Chief Judicial Magistrate, Nadia, Krishnanagar subject to condition that he 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 the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)