Mahadev Das v. State Of West Bengal

11.01.2023 tkm/ct 28 C.R.M. (DB) 97 of 2023 sl no. 54 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Shyampukur P.S case no. 3 of 2022 dated 5.1.2022 under sections 306/34 the IPC and Allowed In Re : Mahadev Das ......petitioner Mr. R Chowdhury ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State Petitioner is in custody for 30 days. It is submitted investigation is complete. He prays for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Victim had a love affair with the son of the petitioner. In view of the tender age of the parties petitioner had opposed the marriage. Out of frustration, victim committed suicide. The suicide note requires to be judged in the light of the aforesaid circumstances. Investigation is complete.

In view of the aforesaid facts, we are inclined to grant bail to the petitioner.

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 CMM Kolkata 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.

.

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 being CRM (DB) 97 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)