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Calcutta High CourtCRM (DB)/1876/2024allowed

Kailash Ruidas v. The State Of West Bengal

2024-07-02Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

38.

02.07.2024 Court No.28 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 1876 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Raniganj Police Station Case No. 493 of 2023, dated 30.11.2023 under Sections 498A/304(B)/34 of the Indian Penal Code. And In the matter of: - Kailash Ruidas ...petitioner.

Mr. Ayan Bhattacharya, Adv., Mr. Kunal Ganguly, Adv.

...for the petitioner.

Mr. Soumik Ganguly, Adv., Mr. Abhishek Verma, Adv.

...for the State.

The petitioner is the brother-in-law of the victim lady. He says that he has no connection with the alleged offence. The victim committed suicide. He does not stay in the same house where the victim resided. He is in custody for 211 days. Chargesheet has been filed upon completion of investigation. He prays for bail.

Mr. Ganguly, learned Advocate for the State produces the case diary and draws our attention to various statements of witnesses. He also shows us the post mortem report which indicates that the death was suicidal.

On an overall consideration of the material on record and the possible extent of complicity of the petitioner in the alleged offence and keeping in mind that the investigation is complete, we are inclined to allow this application for bail. Signed By :

TANMOY GHOSH High Court of Calcutta 3 rd of July 2024 11:21:54 AM

Accordingly, we direct that the petitioner, namely, Kailash Ruidas, shall be released on bail upon furnishing a bond of Rs.10,000/- (Ten Thousand) with two registered sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Bardhaman, subject to condition that the present petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the learned Trial Court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

The application for bail being CRM (DB) 1876 of 2024 is accordingly disposed of.

Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 3 rd of July 2024 11:21:54 AM