Prakash Ghosh And ANR. v. State Of West Bengal

13.06.2022 cm/ct 28 C.R.M. (DB) No.1656 of 2022 sl no. 87 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bhimpur P.S Case No. 92 of 2022 dated 17/03/2022 under Sections 498A/304B/302/201/120B of the Indian Penal Code and 3 / 4 D. P. Act.

And Allowed In Re : Prakash Ghosh & Anr.

..... petitioners Mr. Amanul Islam Mr. Sourav Mukherjee ...... for the petitioners Mr. S.G. Mukherjee, Ld. P.P.

Mr. Aniket Mitra ...... for the State Petitioner No.2 is the married sister-in-law of the victim housewife and petitioner No.1 is her husband. They are in custody for 63 days.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. There is no evidence that victim housewife had been set on fire. None of the witnesses have also stated the petitioners were present at the place of occurrence. Keeping in mind the aforesaid facts, extent of complicity of the petitioners in the alleged crime and as investigation is complete, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing bonds of Rs.10,000/-each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Krishnanagar, Nadia on condition that the petitioners 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) No. 1656 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)