Bijay Ruidas v. State Of West Bengal

29.02.2024 tkm/ct 28 C.R.M. (DB) 563 of 2024 sl no. 63 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kulti P.S case no. 360 of 2021 dated 22.7.2021 under sections 498A/302/34 IPC and under sections 3/4 of the DP Act and Allowed In Re : Bijay Ruidas ... petitioner Mr. Ayan Basu Sk. Salim Mr S Routh ...... for the petitioner Mr. N Ahmed Ms. Pritha Paul ...... for the State

1. Petitioner is in custody for more than two years. No prosecution witness has been examined. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record. Victim lady had suffered burn injuries within one year of marriage and died. Allegations are serious. However, no urgency is shown on behalf of the prosecution to examine witnesses. Petitioner had suffered detention for a considerable period of time. 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 Paschim Bardhaman 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) 563 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)