Sanjay Mondal v. State Of West Bengal

22.07.2022.

21.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2286 of 2022 with C.R.A.N.1 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sagar P. S. Case No.80 of dated 27.03.2022 under Sections 498A/406/304B/302/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act and charge sheet submitted under Sections 498A/304B/306/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. In the matter of : Sanjay Mondal.

.... Petitioner.

Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Partha Pratim Das, Mrs. Manasi Roy.

...for the State.

In Re: CRAN 1 of 2022.

Having considered the averments made in the application, we are inclined to allow the application being CRAN 1 of 2022. Accordingly, the application is allowed.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 117 days. Investigation is complete.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Allegations of torture are general and omnibus in nature. Balancing the

nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, 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 Additional Chief Judicial Magistrate, Kakdwip, South 24-Paraganas 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.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)