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Calcutta High CourtCRM (DB)/2471/2023allowed

Baidyanath Mondal v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023.

Ct.No.28 ss/SD (Allowed) C.R.M. (DB) 2471 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bakultala P. S. Case No.106 of 2023 dated 09.04.2023 under Sections 498A/304B/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Baidyanath Mondal .... Petitioner.

Mr. Arindam Jana Mr. Partha Pratim Sinha Ms. Atreyee Halder ...for the Petitioner.

Mr. Saswata Gopal Mukherji Ms. Faria Hossain Ms. Mamata Jana ...for the State.

Heard learned lawyers for the parties.

We have considered the materials on record. Allegations against the petitioner who is the father-in-law of the victim girl are general and omnibus. Husband of the victim is on bail. Keeping in mind the aforesaid facts and the period of detention suffered by the petitioner, that is, 85 days, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 A.C.J.M., South 24-Parganas at Baruipur, 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)