Fatik Sutradhar v. State Of West Bengal

27.06.2022 sdas allowed CRM(DB) 1974 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 45 of 2022 dated 26.03.2022 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re : Fatik Sutradhar ...... petitioner Mr. Pawan Kumar Gupta Mr. Sougata Mitra Mr. Rameshwar Sinha Ms. Sofia Nesar Ms. Ankita Dey Mr. Santanu Seth Mr. Swagatam Deb .....for the petitioner Mr. Debabrata Chatterjee, learned A.P.P.

Mr. Santanu Chatterjee ..... for the State Learned Counsel appearing for the petitioner submits that the petitioner is in custody for 92 days and investigation is complete.

Learned Counsel appearing for the State opposes the prayer for bail. He submits that the victim housewife was tortured. As a consequence she committed suicide. We have considered the materials on record. Allegations of torture are general and omnibus in nature. Investigation is complete.

Under such circumstances and the period of detention suffered by the petitioner, we are inclined to grant bail to him.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purulia, subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)