Nitai Mandal v. State Of West Bengal

25.9.2020 Ct-16 ds & ar C.R.M. 7236 of 2020 with CRAN 1 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda P.S Case No. 315 of 2020 dated 09.06.2020 under Sections 498A/306/34 of the Indian Penal Code.

And In the matter of: Nitai Mandal

...Petitioner.

Mr. Arup Kumar Bhowmick ... For the Petitioner Ms. Zareen N. Khan Mr. Pradipto Ganguly ... For the State The petitioner undertakes to appropriately affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner is the husband of the victim who was found hanging. The petitioner claims that it is a case of suicide, but there is nothing to link this petitioner to the incident.

There are statements of the victim being tortured and demand for dowry being made. However, there does not appear to be any material to show the involvement of this petitioner in the unnatural death of the victim or any material showing any immediate incident preceding the unnatural death.

Since the charge-sheet has been filed, the further custodial interrogation of the petitioner may not be necessary.

The petitioner will be enlarged on bail upon furnishing security of Rs.10,000/-, with two sureties of like amount, one of whom must be local, to the satisfaction of the appropriate Court in Malda. The petitioner will also attend every date fixed for trial and any unexplained absence will entitle the trial Court to cancel the bail without reference to this Court.

CRM 7236 of 2020 along with the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)