Kitabul Mondal v. State Of West Bengal

18.02.2025 Item No.42 Court No.26 Allowed CHC CRM (DB) 4061 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 (Corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), in connection with Murutia Police Station Case No. 133 of 2024 dated 30.04.2024 under Sections 302/34 of the Indian Penal Code, Charge Sheet bearing No.238 of 2024 dated 31.07.2024 filed in Murutia Police Station Case No.133 of 2024 dated 30.04.2024 under Sections 306/34 of the Indian Penal Code. -AndIn the matter of : Kitabul Mondal ... ... Petitioner Mr. Sabir Ahmed, Advocate Mr. Abdul Aziz Mondal, Advocate ... ... For the Petitioner Ms. Minoti Gomes, Advocate Mr. Abhishek Verma, Advocate ... ...For the State Mr. Md. Bani Israil, Advocate Mr. Tanbir Mandal, Advocate ... ...For the de facto complainant

1. Police filed charge sheet inter alia under Section 306 of the Indian Penal Code after conducting the investigation inter alia under Section 302 thereof.

2. As to whether the petitioner abetted the commission of the suicide may be decided at the trial.

3. In such circumstances, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct that the petitioner shall 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of February 2025 05:07:49 PM

whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Tehatta, Nadia, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

6. The prayer for bail of the petitioner is allowed.

7. CRM(DB) 4061 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of February 2025 05:07:49 PM