Gouranga Baidya @ Babu @ Bablu v. State Of West Bengal

21.04.2022 Sl. 57 Court No.29 suvayan (Allowed) C.R.M. (DB) 1042 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.04.2022 in connection with Nakashipara P.S. Case No. 138 of 2022 dated 07/03/2022 under Sections 498A/302/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

And In the matter of: Gouranga Baidya @ Babu @ Bablu ....petitioner Mr. Sandip Chakraborty Mr. Balaram Datta ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 16 days. The husband was enlarged on anticipatory bail in April 12, 2022 in CRM (A) 1669 of 2022. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. The husband was enlarged on anticipatory bail on April 12, 2022. While enlarging the husband on anticipatory bail the Court considered the injury report of the victim. The injury report of the victim stated that she was conscious when she was brought to the hospital. She stated before the doctor that the injury was by burn and that she set herself on fire.

Considering such injury report of the deceased, the husband was enlarged on anticipatory bail.

In such circumstances, considering the injury report of the victim and considering the period of detention of the petitioner and considering the fact that the husband was enlarged on anticipatory

bail, 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 Chief Judicial Magistrate, Krishnanagar, Nadia subject to the condition that during bail the petitioner shall appear before the Officer-in-Charge of the concerned Police Station once in a fortnight and on further condition that the petitioner shall appear before the learned trial court on the date fixed till disposal of the trial and 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) 1042 of 2022 is, thus, disposed of.

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