Kalpana Das v. State Of West Bengal

30.06.2022 Sl. No.26 akd [ALLOWED] C. R. M. (DB) 2080 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.06.2022 in connection with Nadanghat Police Station Case No. 116 of 2022 dated 23.03.2022 under Sections 498A/304B/306/34 of the Indian Penal Code. (G.R. Case No.408 of 2022) And In Re: Kalpana Das ... Petitioner Ms. Oindrila Ghosh ... for the petitioner Mr. Imtiaz Ahmed .. ld. Addl. Public Prosecutor Ms. Benajir Hasna Ms. Shaila Afreen ... for the State Leave is granted to the learned advocate-on-record for the petitioner to correct the cause title in course of this day. It is submitted on behalf of the petitioner that she is in custody for about 100 days. It is further submitted investigation is complete.

Learned Additional Public Prosecutor opposes the prayer for bail and submits victim-housewife was subjected to torture and she committed suicide within two years of marriage. We have considered the materials on record. Allegations against the petitioner are general and omnibus in nature. Investigation is complete. Under such circumstances and bearing in mind the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Kalpana Das, be released on bail upon furnishing a bond of Rs.

Magistrate, Kalna, Purba Bardhaman subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)