Milan Manna v. State Of West Bengal
22.07.2022 sdas allowed CRM(DB) No. 2420 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with JB Pur Police Station Case No. 17 of 2022 dated 01.02.2022 under Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act thereafter charge-sheet submitted under Sections 498A/304B/306/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. And In Re : Milan Manna ...... petitioner Mr. Rajdeep Mazumdar Ms. Shyanti Poddar Mr. Abhijit Singh .....for the petitioner Mr. Saswata Gopal Mukherji, learned PP Mr. Partha Pratim Das Mrs. Manasi Roy ..... for the State Learned Counsel appearing for the petitioner submits that petitioner is in custody for 171 days. It is also submitted that investigation is complete.
Learned Counsel appearing for the State opposes the prayer for bail and submits that the victim housewife was tortured and committed suicide by consuming poison within one year of marriage.
We have considered the materials on record. Allegations of torture over demand of dowry are general and omnibus in nature. Nature of subsequent demand of dowry has not been specified.
Keeping in mind the aforesaid facts, period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner.
Accordingly we direct that the petitioner shall 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 Chief Judicial Magistrate, Howrah, on conditions that he shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and he shall appear before the trial court on every date of hearing.
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 without further reference to this Court. The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)