Kumar Sarkar v. State Of West Bengal

10.06.2022 tkm/ct 28 C.R.M. (DB) 1524 of 2022 sl no. 41 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Balagarh P.S Case no. 130 of 2022 dated 23.4.2022 under sections 498A/302/304B/34 IPC And Allowed In Re : Kumar Sarkar ........ petitioner Ms. Sudip Ghosh Chowdhury ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. P P Das Mrs. Manasi Roy ...... for the State Mr. Suman Chakraborty ...... for the de facto complainant Petitioner is in custody for 48 days.

Learned lawyers for the State and de facto complainant oppose the prayer for bail.

We have considered the materials on record. Allegations of torture are general and omnibus in nature. Keeping in mind the aforesaid fact, extent of complicity of the petitioner and the period of detention suffered by him, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Hooghly at Chinsurah Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1524 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)