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Calcutta High CourtCRM (DB)/1142/2022allowed

Kalpana Das v. State Of West Bengal

2022-05-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

05.05.2022 Serial no. 56 [Dd] (Bail allowed) CRM (DB) 1142 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 326 of 2021 dated May 14,2021 under Sections 498A/304B/34 of the Indian Penal Code.

-AndIn the matter of : Smt. Kalpana Das ... ... Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Ms. Faria Hossain, Mr. Anand Keshari, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the victim committed suicide.

Learned advocate appearing for the State draws the attention of the Court to the order of rejection dated December 7, 2021. The petitioner is in custody in excess of 350 days.

Considering the period of detention of the petitioner and considering the postmortem report of the victim, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall 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 condition that the petitioner shall appear before the learned trial court on every date of

hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 1142 of 2022 is disposed of.

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