Bapan Sk v. State Of West Bengal And ORS.
AD 28.03.2022 Ct. No.29 (Allowed) C.R.M. (DB) 837 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No.
of dated 16/01/2022 under Sections 498A/306/34 of the Indian Penal Code.
And In the matter of: Bapan Sk ....petitioner.
Mr. Koustav Bagchi Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Debayan Ghosh ...for the petitioner.
Mr. Pravash Bhattacharya Mr. Pratick Bose ...for the State.
Petitioner seeks bail.
Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 69 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required. The death was suicidal in nature.
Learned Advocate appearing for the State draws the attention of the Court to the statement of the son of the victim recorded under Section 164 of the Code of Criminal Procedure. Considering the period of detention of the petitioner and considering the nature of death as recorded in the post-mortem report and considering the fact that the police submitted charge sheet, we enlarge the petitioner on bail.
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 Chief Judicial Magistrate, Krishnagar, 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) 837 of 2022 is, thus, disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)