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Calcutta High CourtCRM (DB)/767/2022allowed

Yasin Golder v. State Of West Bengal And ORS.

2022-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

AD 21.03.2022 Ct. No.29 (Allowed) C.R.M. (DB) 767 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhantala P.S. Case No. 548 of 2021 dated 29/11/2021 under Sections 498A/304B/34 of the Indian Penal Code, 1860.

And In the matter of: Yasin Golder ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Ms. Faria Hossain Mr. Anand Keshari ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 106 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required. Other co-accused were granted anticipatory bail by this Hon'ble Court. He submits that the victim committed suicide at her paternal house.

Learned Advocate appearing for the State draws the attention of the Court to the materials available in the case diary. He also draws the attention of the Court to the dying declaration of the victim.

Considering the period of detention of the petitioner and considering the fact that the police submitted charge sheet and considering the dying declaration as recorded by the doctor, we grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) with

two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition that during bail the petitioner shall appear before the learned trial court on the date fixed till disposal of the trial and that the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 767 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)