Sumit Singha v. State Of West Bengal

13.03.2023 Sl. No.146 akd [ALLOWED] C. R. M. (DB) 882 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.02.2023 in connection with Madhyamgram Police Station Case No.575 of 2022 dated 18.11.2022 under Sections 498A/304B/406 of the Indian Penal Code. (G.R. Case No.3946 of 2022) And In Re: Sumit Singha ... ... Petitioner Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 122 days. It is further submitted incident occurred in course of a sudden quarrel with the mother-in-law who is on bail. Investigation is complete.

Learned Advocate for the State opposes the prayer for bail and submits victim-housewife committed suicide within six months of marriage.

We have considered the materials on record. Petitioner is the husband of the victim-housewife. FIR shows there was a tiff between the victim-housewife and the mother-in-law who is on bail. Investigation is complete. There is little possibility of the trial concluding in near future. Keeping in mind the extent of complicity of the petitioner in the alleged crime and the period of detention suffered by him, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Sumit Singha, 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 Chief Judicial Magistrate, North 24-Parganas at Barasat subject to condition that the said 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.

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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)