Tilaka Biswas v. State Of West Bengal

08.05.2023 Sl. No.21 akd [ALLOWED] C. R. M. (DB) 1590 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.04.2023 in connection with Santipur Police Station Case No.117 of 2023 dated 07.02.2023 under Sections 498A/304B/302/34 of the Indian Penal Code.

And In Re: Tilaka Biswas ... ... Petitioner Ms. Minoti Gomes ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioner that she is in custody for about 89 days. It is further submitted she has been falsely implicated. Investigation is complete. Accordingly, she prays for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Allegations of torture are general and omnibus. Investigation is complete. Balancing the nature of accusation with the period of detention suffered by the petitioner and as she is a lady and there is no chance of abscondence, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Tilaka Biswas, 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 said petitioner shall appear before the trial court on every date of hearing until further

orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)