Totan Halder@Toton Halder@Totan Haldar v. State Of West Bengal

01.08.2023 tkm/ct 28 C.R.M. (DB) 3031 of 2023 sl no. 36 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Lalgola P.S case no. 448 of 2022 dated 22.11.2022 under sections 498A/304B/306/34 IPC and Allowed In Re : Totan Halder @ Toton Halder @ Toton Haldar ... petitioner Mr. D P Samanta ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. Aniket Mitra Ms. Jonaki Saha ...... for the State Petitioner is in custody for 246 days. He submits there is no progress in the matter since rejection of bail by this court. Coaccused i.e. mother in law has been enlarged on bail. He renews his bail prayer.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Bail prayer of the petitioner was rejected in April 2023. There is no progress in the matter. Co-accused Sucharita Halder (mother-in-law of the victim lady) has been enlarged on bail.

Under such circumstances, we are inclined to grant bail to the petitioner also.

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 ACJM, Lalbagh, Murshidabad 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) 3031 of 2023 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)