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Calcutta High CourtCRM (DB)/1999/2023allowed

Kakan Sk v. State Of West Bengal

2023-05-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

17.05.2023 tkm/ct 28 C.R.M. (DB) 1999 of 2023 sl no. 69 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali PS case no. 1204 of 2022 dated 25.11.2022 under sections 498A/304B/34 of the IPC And Allowed In Re : Kakan Sk.

....... petitioner Mr. S Majumder ...... for the petitioner Mr. Prasun Datta Mr. N Dhali ...... for the State Petitioner is in custody for 106 days. He submits that the victim housewife was compelled to marry him. As a result, she was depressed. She committed suicide in Gujarat. After a month FIR was registered. He prays for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Although victim housewife committed suicide within one year, petitionerhusband has offered an explanation with regard to her unfortunate end. The rival versions may be thrashed out during trial. Investigation is complete.

Under such circumstances, 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, Nadia at Krishnagar 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) 1999 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)