Meghnath Mondal @ Mandal v. State Of West Bengal
19.12.2023.
107.
Ct.No.28.
as (Allowed) C.R.M. (DB) 4501 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No.288 of 2023 dated 21.09.2023 under Sections 448/376/506 of the Indian Penal Code.
In the matter of : Meghnanth Mondal @ Mandal. .... Petitioner.
Mr. Arnab Chatterjee, Mr. Amanul Islam, Ms. Poulami Bose.
...for the Petitioner.
Mr. Abhra Mukherjee, Ms. Sutapa Banerjee.
...for the State.
Mr. S. Das Mahapatra.
...for the de-facto complainant.
1.
Petitioner submits a prior criminal case was instituted against the husband of the victim. In retaliation, the present case has been registered. He is in custody for 50 days. 2.
Learned Advocate for the State opposes the bail prayer. 3.
Learned Advocate for the de-facto complainant also opposes the bail prayer.
4.
We have considered the materials on record. There was prior enmity between the parties. An earlier criminal case was registered against the husband of the victim. Possibility of false implication on such score cannot be ruled out. Investigation is complete. There is no chance of abscondence.
5.
Hence, we are inclined to grant bail to the petitioner. 6.
Accordingly, the petitioner viz., Meghnanth Mondal @ Mandal 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, Tehatta, Nadia 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.
7. 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.
8.
This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)