Sk. Majarul v. The State Of West Bengal And ANR

30.7.2024 Ct. No. 6 SL No. 55 SB / Tanmoy C.R.M. (DB) 2117 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kolaghat P.S. Case No. 579 of 2022 dated 22.11.2022 under Sections 498A/34 of the Indian Penal Code read with Section 302/109 of I.P.C And In the matter of: Sk. Majarul Mr. A. K. Samanta ...for the Petitioner Ms. Sayanti Santra Mr. Dattatreya Dutta ....for the State

1. Learned counsel for the petitioner submits the petitioner is the brother-in-law of the victim housewife. The petitioner is in custody for 78 days. Co-accused including the husband is on bail. Accordingly, he prays for bail on parity.

2. Learned counsel for the State opposes the bail prayer.

3. We have considered the materials on record. We find co-accused including the husband of the victim lady has been enlarged on bail. Allegations against the petitioner are general and omnibus in nature.

4. Under such circumstances, we are inclined to enlarge the petitioner on bail.

5. Accordingly, we direct 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 Chief Judicial Magistrate, Purba Medinipur at Tamluk subject to condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:02:22 PM

6. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:02:22 PM