Bhuban Sutradhar v. The State Of West Bengal

22.07.2022 Sl. No.32 akd [ALLOWED] C. R. M. (DB) 2416 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.07.2022 in connection with Joypur Police Station Case No. 45 of 2022 dated 26.03.2022 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.604 of 2022) And In Re: Bhuban Sutradhar ... ... Petitioner Mr. Pawan Kr. Gupta Mr. Sougata Mitra Ms. Sofia Nesar Mr. Santanu Sett Ms. Ankita Dey ... ... for the petitioner Ms. Faria Hossain Ms. Mamata Jana ... ... for the State It is submitted on behalf of the petitioner he is in custody for about 118 days. Investigation is complete.

Learned advocate appearing for the State opposes the prayer for bail and submits victim-housewife was tortured and committed suicide within two years of marriage.

We have considered the materials on record. Allegations of torture are general and omnibus. Investigation is complete. Balancing the nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Bhuban Sutradhar, 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, Purulia 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.)