Sahid Afridi Mondal v. State Of West Bengal

28.09.2022 sdas allowed CRM(DB) No. 3266 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali Police Station Case No. 464 of 2020 dated 08.07.2020 under Sections 498A/406/426/307/34 of the Indian Penal Code. And In Re : Sahid Afridi Mondal ...... petitioner Mr. Prabir Majumder Mr. Snehansu Majumder .....for the petitioner Mr. Debabrata Chatterjee Ms. Debjani Dasgupta ..... for the State Learned Counsel for the petitioner submits he is in custody for 96 days. It is also submitted that victim consumed poison herself.

Learned Counsel appearing for the State opposes prayer for bail.

We have considered materials on record. Allegation of administering poison is to be assessed in the light of the aforesaid submission made on behalf of the petitioner during trial. Balancing of nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are inclined in granting bail to him.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional

Chief Judicial Magistrate, Krishnagar, Nadia, on condition that he shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and he shall appear before the trial court on every date of hearing.

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 without further reference to this Court. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)