Harimohan Mandal v. State Of West Bengal

09.01.2020.

181.

as (Allowed) C.R.M. 244 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.01.2020 in connection with Haldibari P.S. Case No.65 of 2019 dated 26.04.2019 under Sections 498A/304B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

In the matter of : Harimohan Mandal.

.... Petitioner.

Mr. Sudip Guha.

...for the Petitioner.

Md. Anowar Hossain, Ms. Ratna Ghosh.

...for the State.

Heard the learned Counsels appearing on behalf of the parties. It is submitted on behalf of the petitioner that he is in custody for 258 days. It is also submitted that there is no progress in the matter since the last rejection of bail by this Court. Learned Advocate appearing for the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case and the period of detention suffered by the petitioner and as there is no progress in the matter since the last rejection of bail by this Court, we are inclined in granting bail to the petitioner.

Accordingly, the petitioner shall 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 Additional Chief Judicial Magistrate, Mekhliganj subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application, being C.R.M. 244 of 2020, is disposed of. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)