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Calcutta High CourtCRM (DB)/3296/2024allowed

Bapan Mondal v. The State Of West Bengal

2024-11-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

05.11.2024.

88.

Ct.No.28.

as/sdas (Allowed) C.R.M. (DB) 3296 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pukhuria P.S. Case No.275 of 2024 dated 02.06.2024 under Sections 498A/304B/34 of the Indian Penal Code. In the matter of : Bapan Mondal.

.... Petitioner.

Mr. Jisan Iqubal Hossain.

...for the Petitioner.

Mr. Debasish Roy, Ld. P.P., Mr. Arijit Ganguly, Mr. Kaushik Kundu.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for over five months. Victim-housewife committed suicide. Allegations of torture are general and omnibus. There is no chance of abscondence.

3.

Under such circumstances, we are inclined to grant bail to the petitioner.

4.

Accordingly, the petitioner viz., Bapan 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, Chanchal, Malda 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.

Signed By : ALOK SETH High Court of Calcutta 6 th of November 2024 06:19:59 PM

5.

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.

6. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 6 th of November 2024 06:19:59 PM