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Calcutta High CourtCRM (DB)/2846/2022allowed

Banshi Paul v. State Of West Bengal

2022-08-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

24.08.2022 cm/ct 28 C.R.M. (DB) 2846 of 2022 sl no. 37 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No. 840 of 2022 dated 29.06.2022 under Sections 306 of the Indian Penal Code. Allowed In Re : Banshi paul.

..... petitioner Ms. Minoti Gomes Mr. Jisan Iqubal Hossain ...... for the petitioner Ms. Faria Hossain Mr. Anand Keshari ...... for the State Petitioner is in custody for 57 days. It is submitted that he has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for bail. He refers to the suicide note of the victim lady. We have considered the materials on record including suicide note. Victim was a married lady and appears to have developed an illicit relationship with the petitioner. Petitioner withdrew from the relationship and she committed suicide. Keeping in mind the aforesaid circumstances, we are of the opinion further detention of the petitioner is not necessary and he may be granted bail. 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 Chief Judicial Magistrate, Raiganj, Uttar Dinajpur 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(DB) No. 2846 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)