Ujjal Pal v. State Of West Bengal

08.08.2022 Sl. No.14 akd [ALLOWED] C. R. M. (DB) 2193 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.07.2022 in connection with Santipur Police Station Case No.217 of 2022 dated 15.03.2022 under Sections 498A/302/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re: Ujjal Pal ... ... Petitioner Mr. Kallol Mondal Mr. Krishan Ray Mr. Subir Debnath Ms. Roma Roy ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Aniket Mitra ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 82 days. It is further submitted petitioner has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegations are general and omnibus in nature. Incident occurred five years after marriage. Whether the victim-housewife was subjected to torture over demands of dowry soon before her death requires to be assessed during trial. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Ujjal Pal, 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, Ranaghat, Nadia 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. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)