Sohel Rana @ Sohel Rana Malitha v. State Of West Bengal

07.07.2022 Sl. No.25 akd [ALLOWED] C. R. M. (DB) 2146 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.06.2022 in connection with Jalangi Police Station Case No. 142 of 2022 dated 28.04.2022 under Sections 498A/302/34 of the Indian Penal Code subsequently charge sheet submitted under Sections 498A/306/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re: Sohel Rana @ Sohel Rana Malitha ... ... Petitioner Mrs. Sonali Das Mr. Jisan Iqubal Hossain ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 70 days. It is further submitted victim-housewife committed suicide 13 years after marriage. It is also submitted investigation is complete.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegations of torture are general and omnibus. Investigation is complete. Victim housewife committed suicide 13 years after marriage and statutory presumption under Section 113A of the Evidence Act is not attracted to the facts of the case. Hence, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sohel Rana @ Sohel Rana Malitha, 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, Murshidabad at Berhampore 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 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 for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)