← Library
Calcutta High CourtCRM/6368/2020allowed

Usman Mallick @ Ushaman Mallik @ Usman Mallik v. State Of West Bengal

2020-09-10Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

Serial no.15.

September 10, 2020.

SG CRM 6368 of 2020 with CRAN 1 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Garhbeta Police Station Case No.101 of 2020 dated 21.02.2020 under Sections 498A/326/307 of the Indian Penal Code read with Section 4 of the D.P. Act, adding Section 302 of the Indian Penal Code. In the matter of: Usman Mallick @ Ushaman Mallik @ Usman Mallik and anr.

...petitioners.

Mr S.B. Roy Chowdhuri ... for the petitioners.

Mr Tanmoy Kumar Ghosh Mr Arindam Sen ... for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioners claim that the victim committed suicide after 20 years of marriage and the victim's husband is on bail. The State refers to the dying declaration of the victim. She appears to have said that she set herself on fire. Considering the material, the present petitioners need not be taken into custody at this stage.

In the event of arrest, the petitioners are directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like

amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6368 of 2020 with CRAN 1 of 2020 are disposed of. Certified website copies of this order be immediately made available to the parties, subject to the compliance with all requisite formalities.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )