Calcutta High CourtCRM (DB)/982/2022allowed

Sanjib Biswas v. State Of West Bengal

2022-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

18.04.2022 Sl. 54 Court No.29 suvayan (Allowed) C.R.M. (DB) 982 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.04.2022 in connection with Taherpur P.S. Case No. 335 of 2021 dated 02/12/2021 under Sections 498A/304B/34 of the Indian Penal Code, 1860. And In the matter of: Sanjib Biswas ....petitioner Ms. Sananda Bhattacharyya ...for the petitioner.

Mr. Saswata Gopal Mukherjee Mr. Aniket Mitra ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 136 days. The victim committed suicide.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report of the victim. She submits that the police are yet to submit the charge-sheet. The postmortem report states that the death was due to the effects of the hanging. One of the injuries noted on the victim was one non-continuous ligature mark seen high in the neck. Considering the postmortem report of the victim and considering the period of detention of the petitioner, 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 he shall appear before the Officer-in-Charge of the concerned Police Station

once in a week and on further condition that he shall appear before the learned trial court on the date fixed till disposal of the trial and he 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) 982 of 2022 is, thus, disposed of.

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