Kuddus Mondal v. State Of West Bengal

04.07.2023 sdas allowed CRM(DB) No. 2506 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 224 of 2023 dated 30.03.2023 under Sections 447/326/307/506/34 of the Indian Penal Code.

And In Re : Kuddus Mondal ...... petitioner Ms. Sananda Bhattacharyya ....for the petitioner Mr. Binay Panda Ms. Puspita Saha .... for the State Heard the learned Counsel for the parties.

We have considered the materials on record. There was a property dispute between the parties. This resulted in a sudden fight and the victim suffered injuries.

In view of the aforesaid circumstances and period of detention suffered by the petitioner i.e. 92 days and as investigation is complete, we are inclined to grant bail to the him. Accordingly, we direct that 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without 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, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)