Kamrul Mondal @ Kamarujjaman@Kamu v. State Of West Bengal
23.11.2022 Sl. No.30 akd [ALLOWED] C. R. M. (DB) 3994 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.11.2022 in connection with Kaliganj Police Station Case No.
of dated 03.01.2022 under Sections 417/420/376/323/406/34 of the Indian Penal Code. And In Re: Kamrul Mondal @ Kamarujjaman @ Kamu ... ... Petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ... ... for the petitioner Mr. S. S. Imam Mr. R. Jana ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 314 days. Learned advocate appearing for the State opposes the prayer for bail and submits charge has been framed.
We have considered the materials on record. Victim was a major lady. Allegation that petitioner expressed desire to sell off the victim is not supported by any other corroborative evidence. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Kamrul Mondal @ Kamarujjaman @ Kamu, 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 Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition that the said petitioner 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. 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 for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)