Mohorlal Sk @ Mohonlal Sk v. State Of West Bengal

81.

17-01-2025 CRM (DB) 3465 of 2024 (ct. no.29) S. De (Allowed) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Ranitala Police Station Case No. 373 of 2024 dated 23.06.2024 under Sections 498A/304B/306 of the Indian Penal Code.

And In the matter of : Mohorlal Sk. Mohonlal Sk.

......Petitioner.

Ms. Riya Das, ......for the Petitioner.

Ms. Sayanti Santra, Ms. Pallavi Priyadarshee, ......for the State.

Dictated by Apurba Sinha Ray, J.

1. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He has no role in commission of the alleged offence. The investigation is complete and there is no chance of an early conclusion of the trial since 16 witnesses are there.

2. Learned counsel for the State opposes the prayer for bail. According to her, the victim consumed poison after being tortured by the present petitioner and he also instigated the victim to commit suicide. The victim died within 8 months of her marriage. If the petitioner is enlarged on bail, the prosecution may suffer.

3. We have considered the materials on record. The investigation of this case is complete and there are sufficient materials showing that the victim committed suicide by Signed By :

SANDIP DE High Court of Calcutta 20 th of January 2025 05:53:15 PM

consuming poison. As the investigation is complete, we find that there is no need for further custodial detention of the present petitioner.

4. Accordingly, we direct that the petitioner, namely, Mohorlal Sk. Mohonlal Sk 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, Lalbag, Murshidabad subject to the condition that the petitioner shall remain within the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned Police Station once in a fortnight until further orders.

5. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

7. The application for bail is, accordingly, allowed.

8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 20 th of January 2025 05:53:15 PM