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Calcutta High CourtCRM (DB)/4081/2024allowed

Dura Mandal @ Dukhshasan Mandal @ Durshasan Mandal v. State Of West Bengal

2024-12-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.12.2024 Pritam/ct 28 C.R.M. (DB) 4081 of 2024 sl no. 47.

In Re : An application for bail under section 483 of the BNSS 2023 in connection with Suti P.S case no.771 of 2024 dated 16.10.2024 under sections 329(4)/126(2)/118(1)/117(2)/124(1)/109/3(5) IPC. And Allowed In Re : Dura Mandal @ Dukhshasan Mandal @ Durshansan Mandal. ... petitioner.

Mr. B. Hossain, Mr. A. Islam ...... for the petitioner.

Ms. Minoti Gomes, Mr. Sourav Nandy ...... for the State.

1.

Heard the learned advocates for both the parties. 2.

It is submitted on behalf of the petitioner that the victim was married to one Sidhu Mandal. There were matrimonial disputes. The petitioner has been falsely implicated. He prays for bail. 3.

Learned lawyer for the State submits that the petitioner and one Sidhu Mandal forcefully poured acid in the mouth of the victim. 4.

We have considered the materials on record.

5.

The victim stated that she was married to Sidhu Mandal but had divorced. Thereafter, Sidhu Mandal and the petitioner came to her residence and forcefully made her drink acid. She was hospitalized.

6.

However, medical papers show the incident is one of acid poisoning and no case of forceful pouring of acid is disclosed. 7.

There is also delay in lodging First Information Report (FIR). 8.

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

9.

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 C.J.M., Jangipur, Murshidabad 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.

10.

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. 11.

The application being CRM (DB) 4081 of 2024 is disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)