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Calcutta High CourtCRM (DB)/4089/2024allowed

Kitab Mondal v. The State Of West Bengal

2024-12-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

12.12.2024 Pritam/ct 28 C.R.M. (DB) 4089 of 2024 sl no. 48.

In Re : An application for bail under section 483 of the BNSS 2023 in connection with Hogalberia P.S case no.79 of 2024 dated 13.04.2024 under sections 448/325/307/34/302 IPC.

And Allowed In Re : Kitab Mondal.

... petitioner.

Mr. Joydeep Biswas, Mr. Asraf Mandal ...... for the petitioner.

Mr. Saibal Bapuli, Ld. APP.

Mr. Titupati Mukherjee ...... for the State.

1.

Heard the learned advocates for both the parties. 2.

We have considered the materials on record. Dispute broke out over a trifling incident. It is contended that the incident occurred in a fit of passion and the petitioner did not have any intention to commit murder.

3.

He is in custody for 165 days.

4.

Investigation is complete.

5.

There is no chance of abscondence.

6.

Under these circumstances, we allow the petitioner to be enlarged on bail.

7.

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 A.C.J.M., Tehatta, Nadia 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.

8.

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. 9.

The application being CRM (DB) 4089 of 2024 is disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)