Jayanta Mandi v. State Of West Bengal

29.09.2022 dd/ct 28 C.R.M. (DB) 3399 of 2022 sl no. 83 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nituria P.S case no. 61 of 2022 dated 11th June, 2022 under sections 498A/304B/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. and Allowed In Re : Jayanta Mandi ...... petitioner Mr. Dibyendu Chatterjee, Ms. Reshmi Ghosh, ...... for the petitioner Mr. S. G. Mukherji, Ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha, ...... for the State Petitioner is the husband of the victim house wife. He contends that the co-accuseds are on bail. The incident occurred 6 and 1⁄2 years after marriage. He prays for bail. Learned lawyer for the State opposes the prayer for bail. He submits that the victim house wife was subjected to torture. We have considered the materials on record. The allegations are general and omnibus in nature. Balancing the nature of accusation with the period of detention suffered by the petitioner as investigations are 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, Raghunathpur, Purulia 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 C.R.M. (DB) 3399 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)