Jone Mondal @ Chhalti @ Joni v. State Of West Bengal

20.02.2025 Item No.53 Court No.26 Allowed CHC CRM (DB) 4288 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Palashipara Police Station Case No. 287 of 2024 dated 16.06.2024 under Sections 302/34/447 of the Indian Penal Code, 1860.

-AndIn the matter of : Jone Mondal @ Chhalti @ Joni ... ... Petitioner Mr. Atish Kumar Biswas, Advocate Ms. Jyoti Agarwal, Advocate ... ... For the Petitioner Mr. Avishek Sinha, Advocate Ms. Sana Naaz, Advocate ... ...For the State

1. Apparently, a free fight took place between two families in which, a person suffered homicidal death.

2. Police filed charge sheet.

3. Requirement of putting the petitioner through custodial trial does not exist on the case of the materials placed on record.

4. In such circumstances, we grant bail to the petitioner.

5. 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 whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Krishnagar, 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.

6. 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.

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

8. CRM(DB) 4288 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)