Jay Mondal v. State Of West Bengal

11.10.2023 tkm/ct 28 C.R.M. (DB) 3961 of 2023 sl no. 48 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali P.S case no. 374 of 2022 dated 14.4.2022 under section 326 of the IPC subsequently added section 307 IPC and Allowed In Re : Jay Mondal ..... petitioner Mr. S Majumder ...... for the petitioner Mr. Prasun Datta Ms. Santanu Deb Roy ...... for the State 1.

Heard learned lawyers for the parties.

2.

Petitioner is in custody for 546 days. Inspite direction given by this Court victim has not yet been examined. This shows lack of seriousness on the part of the prosecution to conduct expeditious trial.

3.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner we are inclined to grant bail to the petitioner.

4.

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 CJM Nadia at Krishnagar 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.

5.

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. 6.

The application being CRM (DB) 3961 of 2023 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)