Gopal Malik And ORS v. State Of West Bengal

17.06.2022 tkm/ct 28 C.R.M. (DB) 1860 of 2022 sl no. 78 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Arambagh P.S Case no. 81 dated 24.3.2022 under sections 498A/304B IPC and section 4 of the DP Act And Allowed In Re : Gopal Malik & Ors.

........ petitioners Mr. N S Ghosh Mr. S Mondal Ms. S Mukherjee Ms. S Chatterjee ...... for the petitioners Mr. B K Roy Ms. Rita Datta ...... for the State Petitioners are in custody for about 90 days. It is submitted investigation is complete.

Learned lawyer for the State opposes the prayer for bail and submits that victim housewife was tortured and committed suicide. We have considered the materials on record. Petitioners are the in laws of the victim housewife. Allegations of torture against them are general and omnibus in nature. Balancing the extent of complicity of the petitioners in one hand with the period of detention suffered by them on the other hand and as investigation is complete, we are inclined to grant bail to the petitioners. Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Arambagh, Hooghly 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 they 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) 1860 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)