Biswanath Ghosh @ Biswa v. State Of West Bengal

06.12.2021 tkm/ct 28 C.R.M. 7893 of 2021 sl no. 68 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with English Bazar P.S Case no. 591 of 2020 dated 20.7.2020 under sections 498A/304B/302/34 of the IPC And Allowed In Re : Biswanath Ghosh @ Biswa ........ petitioner Mr. Kallol Mondal Mr. M A Sk Ms. A Chel ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. P P Das Ms. Manasi Roy ...... for the State Petitioner is in custody for more than one year and it is submitted that there is no direct evidence that the petitioner had murdered the housewife.

Learned lawyer for the State opposes the prayer for bail and submits that housewife suffered burn injuries within one year of marriage.

We have considered materials on record. There is no direct evidence that the petitioner had set the housewife on fire. In view of the aforesaid fact, period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner.

Accordingly, 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 CJM, Malda on condition that the petitioner shall appear before the

trial court on every date of hearing 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 7893 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)