Lalbabu Sk @ Lalbaby Sk. v. The State Of West Bengal
29.01.2024 Dd allowed CRM(DB) No. 239 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nowda Police Station Case No. 196 of 2023 dated 09.06.2023 under Sections 498A/326/307 of the Indian Penal Code corresponding to G.R. 2576 of 2023.
And In Re : Lalbabu Sk @ Lalbaby Sk ...... petitioner Mr. Arnab Chatterjee, Mr. Anisur Rahman, Ms. Poulami Bose ....for the petitioner Mr. Dipankar Paramanik .... for the State Mr. Sujoy Sarkar ... Victim lady
1. Petitioner submits that the incident occurred out of a domestic matrimonial dispute. He prays for bail.
2. Victim does not oppose the prayer for bail.
3. Learned lawyer for the State produces the case diary.
4. Keeping in mind the facts and circumstances of the case and the period of detention of 180 days, we are inclined to grant bail to him.
5. Accordingly, we direct that 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 Learned Chief Judicial Magistrate, Berhampore subject to condition that 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.
6. In the event 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.
7. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)