Calcutta High CourtCRM (DB)/3121/2023allowed

Bhaktadas Saha v. State Of West Bengal

2023-08-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.08.2023 Sl. No.64 akd [ALLOWED] C. R. M. (DB) 3121 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 31.07.2023 in connection with Ranaghat Police Station Case No.285 of 2023 dated 11.05.2023 under Sections 498A/304B/302/34 of the Indian Penal Code. (G.R. Case No.2217 of 2023) And In Re: Bhaktadas Saha ... ... Petitioner Md. Sabir Ahmed Mr. Abdur Rakib Mr. Tasim Ahamed Mr. Dhiman Banerjee ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 93 days. It is further submitted there was a domestic quarrel. In a fit of passion, victim-housewife committed suicide. Investigation is complete. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Victim-housewife committed suicide over a trifling issue. Investigation is complete. There is no chance of abscondence. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Bhaktadas Saha, 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)