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Calcutta High CourtCRM (DB)/1594/2022allowed

Narendra Barman @ Chotka And ORS. v. State Of West Bengal

2022-06-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

10.06.2022.

75.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1594 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P. S. Case No.229 of 2022 dated 18.04.2022 under Sections 498(A)/302/34 of the Indian Penal Code.

In the matter of : Narendra Barman @ Chotka & Ors. .... Petitioners.

Mr. Shibajit Kr. Das., Ms. Rupsa Sreemani.

...for the Petitioners.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Aniket Mitra.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Having considered the materials on record and bearing in mind the general and omnibus nature of allegations and as the victim housewife committed suicide after nine years of marriage and statutory presumption under Section 113A of the Evidence Act is not attracted in the facts of the case, we are inclined in granting bail to him.

Accordingly, the petitioner shall 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 Additional Chief Judicial Magistrate, Kalyani, Nadia subject to condition that the petitioners 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 the petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)