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Calcutta High CourtCRM (DB)/512/2024allowed

Subhankar Sarkar v. State Of West Bengal

2024-02-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

20.02.2024 tkm/ct 28 C.R.M. (DB) 512 of 2024 sl no. 41 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranaghat PS case no. 407 of 2023 dated 22.6.2023 under sections 498A/304B/34 IPC and Allowed In Re : Subhankar Sarkar ...... petitioner Mr. S Majumder ...... for the petitioner Mr. Ranadeb Sengupta ...... for the State

1. Petitioner is in custody for 218 days. He contends he is the husband of the victim lady. He was not present at the time of occurrence. He prays for bail.

2. Learned lawyer for the State submits victim lady committed suicide within two months of marriage.

3. We have considered the materials on record. Though the victim committed suicide within two months of marriage, petitioner-husband had left for his place of work immediately after marriage. He was not present at the time of occurrence.

4. In view of the aforesaid facts and as there is no chance of abscondence we are inclined to grant bail to the petitioner.

5. Accordingly, 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, Nadia at Ranaghat 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) 512 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)