Siddikulla Mondal v. State Of West Bengal

14.09.2023.

35.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3580 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Matia P.S. Case No.133 of dated 23.03.2023 under Sections 498A/304B/306/406/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

In the matter of : Siddikulla Mondal.

.... Petitioner.

Mr. Kallol Kr. Basu, Md. Jannat Ul Firdous.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Ms. Faria Hossain, Ms. Mamata Jana.

...for the State.

1.

Petitioner is in custody for 160 days. It is contended victim housewife committed suicide. He has been falsely implicated. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Allegations of torture are general and omnibus. Investigation is complete. There is no chance of abscondence.

4.

Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Siddikulla Mondal 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 Additional Chief Judicial Magistrate, Basirhat, North 24-Paraganas subject to condition

that he 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. 6.

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.

7. This application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)