Calcutta High CourtCRM (DB)/1884/2022allowed

Tapas Kumar Paul And ANR v. State Of West Bengal

2022-07-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

05.07.2022 cm/ct 28 C.R.M.(DB) No. 1884 of 2022 sl no. 14 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Manbazar P.S Case No. 23 of 2022 dated 16.03.2022 under Sections 498A/302 and after charge sheeted under Section 498A/306 of the Indian Penal Code.

And Allowed In Re : Tapas Kumar Paul & Anr.

..... petitioners Mr. Debabrata Roy Mr. Manishankar Chattopadhyay Mr. Soumik Mondal Ms. Sarbani Mukhopadhyay ...... for the petitioners Mr. Debabrata Chatterjee, Ld. A.P.P.

Mr. Santanu Chatterjee Ms. Mousumi Sarkar ...... for the State Petitioner No.1 is in custody for 111 days and petitioner No.2 is in custody for 66 days. It is contended that they have been falsely implicated in the instant case and prays for bail. Learned lawyer for the State opposes the prayer for bail. He submits victim housewife was subjected to torture and commit suicide within two years of marriage.

We have considered the materials on record. Petitioner No.1 is the father-in-law of the victim housewife while petitioner No.2 is her brother-in-law. Allegations of torture against them are general and omnibus in nature. Investigation is complete. Keeping in mind aforesaid facts and the period of detention suffered by the petitioners, 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, Purulia , 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 his bail automatically without reference to this court. The application being CRM (DB) No. 1884 of 2022 is disposed of.

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