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Calcutta High CourtCRM (DB)/1018/2023allowed

Debasish Kar v. State Of West Bengal

2023-03-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

21.03.2023 tkm/ct 28 C.R.M. (DB) 1018 of 2023 sl no. 57 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranaghat PS case no. 38 of 2023 dated 24.1.2023 under sections 498A/304B/34 of the IPC and Allowed In Re : Debasish Kar ...... petitioner Mr. S Bhattacharya ...... for the petitioner Mr. Debabrata Chattrejee Mr. Santanu Chatterjee ...... for the State Petitioner is the husband of the victim housewife. It is contended he was not present on the day of occurrence. He is in custody for 55 days. Investigation is complete. He prays for bail. Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Victim housewife committed suicide four years after marriage. Allegations of torture are general and omnibus. Investigation is complete. Under such circumstances, we are inclined to enlarge the petitioner on bail.

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 ACJM Ranaghat, Nadia 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.

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 being CRM (DB) 1018 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)