Tuna Mondal And ORS v. State Of West Bengal

12.07.2022 cm/ct 28 C.R.M. (DB) No. 2226 of 2022 sl. no. 28 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ghatal P.S Case No. 82 of 2022 dated 11.03.2022 under Sections 498A/304B/120B/34 of the Indian Penal Code.

Partly Allowed And In Re : Tuna Mondal & Ors.

..... petitioners Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...... for the petitioners Mr. S.G. Mukherjee, Ld. P.P.

Mr. Aniket Mitra ...... for the State Petitioners are in custody for over 100 days. It is submitted that investigation is complete.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including endorsement with regard to history of injury at page 97 of the case diary stating the petitioner No.3 ( mother-in-law of the victim housewife) had set the letter on fire. Statement of one Chayya Ghuchhait (Sister-in-law of the victim housewife) at Page 74 of the case diary appears to be evasive.

In view of the aforesaid incriminating materials against petitioner No.3 prima facie disclosing her involvement in the murder, we are not inclined to grant bail to her.

However, keeping in mind the extent of complicity of the petitioner No.1 and 2 in the alleged crime and as investigation is complete, we are inclined to grant bail to them. Accordingly, the petitioner No.1 & 2 namely (1)Tuna Mondal &

(2) Ganesh Mandal be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial

Magistrate, Ghatal on condition that the petitioner No.1 & 2 shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. Accordingly, the prayer for bail of the petitioners are partly allowed.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)