Gopal Biswas v. State Of West Bengal

1107.2023 D/L 53 Ct. No.28 allowed (SKB) CRM (DB) 2488 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 136 of 2023 dated 10.02.2023 under Sections 498A/304B/509 & 34 of the Indian Penal Code And In the matter of : Gopal Biswas ... Petitioner Mr. Sumanta Das ... for the petitioner Mr. Joydeep Roy, Ms. Sujata Das ... for the State Petitioner is in custody for 147 days. It is submitted that the victim housewife committed suicide in her parental home. He prays for bail.

Learned advocate for the State opposes the bail prayer. He submits petitioner had a discussion with the victim immediately before the incident took place. Victim housewife committed suicide within six months of marriage. We have considered the materials on record. Though it is contended that the petitioner and the victim had conversation prior to the incident, no call detailed records (CDRs) supporting such allegation is placed on record. Keeping in mind the aforesaid fact, the period of detention and as investigation is complete, we are inclined to grant bail to the petitioner.

Accordingly, petitioner namely Gopal Biswas 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 ACJM, Ranaghat, Nadia 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 being CRM (DB) 2488 of 2023 is disposed of.

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