Sumi Biswas @ Bandana Biswas @ Tuku Biswas v. State Of West Bengal
12.05.2022 Serial no. 52 Aloke Ct. No. 29 CRM (DB) 1257 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 63 of 2020 dated 26.01.2020 under Sections 498A/304B/34 of the Indian Penal Code.
-AndIn the matter of : Sumi Biswas @ Bandana Biswas @ Tuku Biswas
...Petitioner
Ms. Minoti Gomes, Advocate Mr. Amanul Islam , Advocate Mr. Sourav Mukherjee, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Mr. Aniket Mitra, Advocate ... ...For the State Petitioner prays for bail.
Learned Advocate appearing for the petitioner submits that the other co-accused are on bail. The petitioner is in custody for 52 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. Leaned Advocate appearing for the State draws the attention to the materials in the case diary including the statement of the doctor.
Considering the period of detention of the petitioner and considering the statement of the doctor as appearing from the medical documents and considering the fact that other coaccused were enlarged on bail, 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, Nadia at Krishnagar, 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) 1257 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)