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Calcutta High CourtCRM (DB)/4404/2022allowed

Mohamay Mondal @ Mahamaya Mondal @ Bulti v. State Of West Bengal

2022-12-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

15.12.2022 tkm/ct 28 C.R.M. (DB) 4404 of 2022 sl no. 37 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kalyani P.S case no. 397 of 2022 dated 19.7.2022 under sections 498A/304B/34 of the IPC and Allowed In Re : Mohamaya Mondal @ Mahamaya Mondal @ Bulti ...... petitioner Mr. S Das Ms. R Sreemani Ms. A Giri ...... for the petitioner Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ...... for the State Petitioner is in custody for 22 days. It is submitted she is the married sister-in-law of the victim lady. She prays for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioner is the married sister-in-law of the victim housewife. She did not reside with the housewife at the matrimonial home. Extent of her complicity in the alleged torture requires to be assessed in the light of the aforesaid circumstance.

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

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 ACJM, Kalyani 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.

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In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application being CRM (DB) 4404 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)