Rajib Duley v. State Of West Bengal

14.03.2024.

32.

Ct.No.28.

as (Allowed) C.R.M. (DB) 806 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pursurah P.S. Case No.01 of 2024 dated 17.11.2022 under Sections 498A/304B of the Indian Penal Code and charge sheet submitted under Sections 498A/304B of the Indian Penal Code.

In the matter of : Rajib Duley.

.... Petitioner.

Mr. Suddhadev Adak, Ms. Richa Pramanik.

...for the Petitioner.

Mr. Angshuman Chakraborty.

...for the State.

1.

Petitioner is in custody for 42 days. He submits due to depression victim lady committed suicide. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He contends victim lady committed suicide while she was pregnant.

3.

We have considered the materials on record. Allegations of torture are general and omnibus. Whether the petitioner abetted the commission of suicide may be assessed during trial. There is no chance of abscondence. Investigation is complete.

4.

Under such circumstances, we are inclined to grant bail to the petitioner.

Signed By : ALOK SETH High Court of Calcutta 15 th of March 2024 04:11:12 PM

5.

Accordingly, the petitioner viz., Rajib Duley shall 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 Additional Chief Judicial Magistrate, Arambagh, Hooghly subject to condition that he 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.

6.

In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)