Shankar Chowdhury And ORS v. State Of West Bengal

11.01.2023 tkm/ct 28 C.R.M. (DB) 98 of 2023 sl no. 55 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Uttarpara P.S case no. 407 dated 3.11.2022 under sections 498A/304B/506/34 the IPC read with section 3/4 of the DP Act and Allowed In Re : Sankar Chowdhury @ Malay Chowdhury & Anr. ......petitioners Mr. Navanil De Mr. R Chakraborty Mr. S Ghosh Mr. S Dey Ms. M Mukherjee ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. P P Das Mrs. Manasi Roy ...... for the State Petitioners are in custody for 70 days. It is submitted investigation is complete. They pray for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Allegations of torture are general and omnibus. Incident occurred after five and half years of marriage. Investigation is complete. Balancing the nature of accusation with the period of detention and as investigation is complete, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM Serampore, Hooghly on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 98 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)