Sudipta Mitra v. State Of West Bengal

17.01.2022 tkm/ct 32 C.R.M. 8430 of 2021 sl no. 25 (Via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranaghat Women P.S Case no. 31 of 2020 dated 6.5.2020 under sections 498A/304B/34 of the IPC And Allowed In Re : Sudipta Mitra ........ petitioner Mr. Kallol Mondal Mr. Amanul Islam Mr. Sourav Mukherjee ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. P P Das Ms. Manasi Roy ...... for the State The learned advocate appearing for the petitioner submits that the petitioner had already suffered incarceration for about 619 days and charges have not yet been framed as such there is no possibility towards conclusion of the trial in the near future. The other co-accused persons have already been granted bail by the learned court below. In the said conspectus, further detention of the petitioner is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary. He further submits that petitioner's prayer for bail was last rejected on 2nd September 2021. There had been no substantial change in the circumstances thereafter. Having heard the learned advocates and considering the materials in the case diary, the period of detention already suffered

by the petitioner and the stage of the proceeding, we are of the opinion that further detention is not necessary. 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, Ranaghat, Nadia on condition that the petitioner shall appear before the learned court below on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned court blow would be at liberty to cancel his bail without any further reference to this Court.

The application being CRM 8430 of 2021 is disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)