Mangal @ Mongal Singh v. State Of West Bengal

15.09.2022.

28.

as (Allowed) C.R.M. (DB) 3117 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Habra P. S. Case No.234 of dated 15.03.2022 under Sections 498(A)/304(B) of the Indian Penal Code.

In the matter of : Mangal @ Mongal Singh .... Petitioner.

Mr. Shibaji Kr. Das, Ms. Rupsa Sreemani.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Partha Pratim Das, Ms. Manasi Roy.

...for the State.

Petitioner is in custody for 184 days. Investigation is complete. It is submitted there is no allegation of demand of dowry in the first information report. He prays for bail. Learned Advocate for the State opposes the prayer for bail. He submits victim/housewife committed suicide within one year of marriage.

We have considered the materials on record. Allegations of torture are general and omnibus in nature. There is no allegation of demand of dowry in the first information report. Keeping in mind the aforesaid circumstances and the period of detention suffered by him, we are inclined to grant bail to the petitioner.

Accordingly, 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, North 24-Paraganas, Barasat subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any 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, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)