Mithun Das v. The State Of West Bengal

27.02.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.112 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (DB) 111 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.02.2023 in connection with Samuktala Police Station Case No.198 of 2022 dated 28.07.2022 under Sections 498A/326/307/34 of the Indian Penal Code.

And In Re: Mithun Das ... ... Petitioner Mr. Arnab Saha ... ... for the petitioner Mr. Kallol Acharjee Mr. Tapan Bhattacharjee ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 199 days. It is further submitted incident occurred on the spur of the moment. Investigation is complete.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Whether the injuries are life-threatening may be assessed during trial. Investigation is complete. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Mithun Das, 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, Alipurduar, Jalpaiguri subject to condition that the said

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 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. The application for bail, thus, stands allowed. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)