Ashoke Biswas v. State Of West Bengal

04. 09 . 2020 BP/BR Sl.56 CRM 6092 of 2020 With CRAN 4570 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Taherpur Police Station Case No. 52 of 2020 dated 12.05.2020 under Sections 498A/304(B)/34 of the Indian Penal Code.

In the matter of : Ashoke Biswas...petitioner Mr. Subir Debnath ..for the petitioner.

Mr. Imran Ali Mr. Firoz Ahmed Begg ..for the State.

Learned advocate for the petitioner submits that the petitioner is in custody for about 114 days and the incident has occurred after three years of marriage. He further submits that as the charge has already been submitted further detention of the petitioner may not be warranted in the facts and circumstances of the case. Learned advocate for the State opposes the prayer for bail and submits that there are materials which led to the suicide of the deceased.

We have perused the materials on record including the post mortem report.

Considering the nature of the case, we are of the

opinion that further custodial detention of the petitioner is not required. Accordingly, the prayer for bail is allowed.

Therefore, the petitioner is entitled to 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 ACJM Ranaghat on condition that he shall appear before the trial court on every date of hearing and also meet with the Officer-in-Charge of the Taherpur Police Station once in a fortnight until further orders.

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 reference to this court.

The application for bail being C.R.M. 6092 of 2020 and C.R.A.N. 4570 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)