Subhajit Mallick v. State Of West Bengal

17.08.2022 cm/ct 28 C.R.M. (DB) 2753 of 2022 sl no. 18 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Frezergunj Coastal P.S. Case No. 49 of 2022 dated 11.04.2022 Sections 498A/406/304B/306/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Allowed In Re : Subhajit Mallick.

..... petitioner Ms. Minoti Gomes Mr. Dilip Kumar Shyamal ...... for the petitioner Mr. Debabrata Chatterjee, Ld. P.P.

Mr. Santanu Chatterjee ...... for the State Petitioner is in custody for 128 days. He prays for bail. Learned Additional Public Prosecutor for the State opposes the prayer for bail.

We have considered the materials on record. Allegations are general and omnibus in nature. From the post mortem report it appears apart from ligature mark there is no other external injury. In view of the aforesaid circumstances and as investigation is complete, we are inclined to grant bail to the petitioner. Accordingly, the petitioner 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 Parganas on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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 automatically without reference to this court. The application being CRM(DB) No. 2753 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)