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Calcutta High CourtCRM (DB)/2476/2024allowed

Alok Barman v. The State Of West Bengal

2024-08-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

06.8.2024 Ct. No. 6 SL No. 54 SB C.R.M. (DB) 2476 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No. 588 of 2024 dated 14.6.2024 under Sections 498A/302/34 of the Indian Penal Code read with Section 3 / 4 of D.P. Act.

And In the matter of: Alok Barman Mr. Jisan Iqubal Hossain ...for the Petitioner Mr. Partha Pratim Das Mr. Arka Chakraborty ....for the State

1. Petitioner is in custody for 51 days. He submits that victim housewife died due to accidental electrocution. He prays for bail.

2. Learned lawyer for the State opposes the prayer for bail.

3. We have considered the materials on record. Incident occurred after eight years of marriage. Death was due to electrocution. Whether death by electrocution was intentional or accidental requires to be thrashed out during trial. There is no chance of abscondence.

4. Under such circumstances, we are inclined to grant bail to the petitioner.

5. Accordingly, the petitioner shall 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 Sessions Judge-in-charge, Uttar Dinajpur subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 9 th of August 2024 09:40:55 AM

6. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 9 th of August 2024 09:40:55 AM