Abinash Hansda v. State Of West Bengal

11.07.2023 sdas allowed CRM(DB) No. 2744 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raipur Police Station Case No. 14 of 2021 dated 03.04.2021 under Sections 498A/306/34 of the Indian Penal Code.

And In Re : Abinash Hansda ...... petitioner Mr. Riddhiman Mukherjee Mr. Arkaprabho Roy ....for the petitioner Mr. Tanmoy Ghosh Mr. Arindam Sen .... for the State Learned Counsel for the petitioner submits he is in custody for more than two years and three months. It is also submitted prosecution witnesses have not supported the case. He renews his prayer for bail.

Learned Counsel for the State opposes the bail prayer and submits suicide note of the victim implicates the petitioner. We have considered the materials on record. Contents of suicide note disclose a disturbed mental state of the victim and is to be assessed in the light of the attending circumstances of the case. Trial is in progress. Petitioner is in custody for a protracted period of time. Offences, even if proved, would not attract mandatory life imprisonment.

Under such circumstances, 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/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Khatra, Bankura, 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.)