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Calcutta High CourtCRM/6561/2021allowed

Koushik Mukherjee @ Saheb v. State Of West Bengal

2021-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

20.12.2021 SL No.105 Saswata CRM 6561 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kaliganj P.S. Case No. 421/20 dated 10.09.2020 under Sections 498A/304B/34 of the Indian Penal Code.

And In the matter of: Koushik Mukherjee ....Petitioner Mr. Kusal Kumar Mukherjee ...for the Petitioner Mr. Sandip Chakraborty ...for the State.

The petitioner is in custody for 318 days. It is submitted that the victim committed suicide at her parental home. Learned lawyer for the State opposes the prayer for bail and submits that the petitioner and other in-laws had subjected the victim to torture who committed suicide within 7 months of marriage.

We have considered the materials on record. Keeping in mind the facts of the case and as the victim committed suicide at her paternal home and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner. The prayer for bail is, thus, allowed.

Let the petitioner be released on bail upon furnishing a Bond of Rs. 10,000/-, with two sureties of like amount each one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Nadia, Krishnagar, subject to the condition that he shall appear before the learned trial court regularly on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail is, thus, disposed of. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)