Abhijit Mondal @ Bhador v. The State Of West Bengal

15.

09.01.2025 Court No.28 (Tanmoy) Allowed CRM (DB) 4422 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Palashipara Police Station Case No. 395/2024 dated 08.08.2024 under Sections 85/80/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: - Abhijit Mondal @ Bhador ...petitioner.

Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Ms. Sujata Das Mr. Tirupati Mukherjee ...for the State.

Mr. Atis Kumar Biswas Mrs. Jyoti Agarwal ...for the de facto complainant.

1. Learned Lawyer for the petitioner submits petitioner is in custody for 147 days. There were domestic disputes and out of depression victim committed suicide. Allegation of demand of dowry is patently false. Co-accused have been enlarged on bail. He prays for bail.

2. Learned Lawyer for the State opposes the prayer for bail.

3. Learned Lawyer for the de facto complainant submits there was incessant demand of dowry. Due to torture victim committed suicide. Prayer has been made for further custodial investigation of the petitioner.

4. We have considered the materials on record. The petitioner and the victim fell in love and got married. Subsequently, victim committed suicide. It is alleged the victim was pressurized for dowry. Whatsapp communications have Signed By :

TANMOY GHOSH High Court of Calcutta 15 th of January 2025 11:08:43 AM

been placed before this Court. Some of the communications disclose discord between the parties were over other reasons and depression of the victim on such score cannot be ruled out.

5. Petitioner is in custody for 147 days. There is no chance of abscondence of the petitioner. Co-accused have been enlarged on bail. Continuation of further investigation, if any, would not be hampered in the event the petitioner is released on bail.

6. Accordingly, we direct the petitioner, namely, Abhijit Mondal @ Bhador shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) 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 the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

8. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 15 th of January 2025 11:08:43 AM