Daulat Devi Gupta v. State Of West Bengal

11.05.2022 Serial no. 44 Aloke Ct. No. 29 CRM (DB) 1244 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Malipanchghora Police Station Case No. 33 of 2022 dated 13.02.2022 under Section 306 of the Indian Penal Code.

-AndIn the matter of : Daulat Devi Gupta ...Petitioner Mr. Sumya Basu Roy Chowdhuri, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Mr. Partha Pratim Das, Advocate Ms. Manasi Roy, Advocate ... ...For the State Petitioner prays for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 87 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required.

Learned Advocate appearing for the State draws the attention to the postmortem report of the victim and the materials in the case diary.

Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, 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 Chief Judicial Magistrate, Howrah, 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 petitioners in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 1244 of 2022 is disposed of.

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