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Calcutta High CourtCRM (DB)/76/2024allowed

Soumen Bauldas @ Soumen Baul Das v. State Of West Bengal

2024-01-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

11.01.2024 tkm/ct 28 C.R.M. (DB) 76 of 2024 sl no. 62 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Pandua PS case no. 520 of 2023 dated 21.9.2023 under sections 498A/302 IPC and Allowed In Re : Soumen Bauldas @ Soumen Baul Das ...... petitioner Mr. Suman Chakraborty ...... for the petitioner Mr. Swapan Banerjee Ms. Manasi Roy ...... for the State

1. Petitioner is the husband of the deceased lady. He is in custody for 112 days. He contends victim had committed suicide. He prays for bail.

2. Learned lawyer for the State submits door of the room, where body of the victim was found, was locked from outside.

3. We have considered the materials on record. Post mortem report shows victim had died due to ante mortem hanging. Hanging is ordinarily suicidal in nature. Apart from the ligature, no other injury is noted in the post mortem report. Petitioner was not found at the place of occurrence. It is unclear whether the victim had been murdered. There is no chance of abscondence.

4. Under such circumstances, we are inclined to grant bail to the petitioner.

5. Accordingly, the petitioner 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 CJM, Hoghly at Chinsurah on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. 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.

7. The application being CRM (DB) 76 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)