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Calcutta High CourtCRM(M)/1374/2025allowed

Uttam Barik And ANR. v. State Of West Bengal

2025-09-15Hon'Ble Justice Suvra Ghosh2 pages

15.09.2025 Ct.No.34 b.das Allowed C.R.M. (M) 1374 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Namkhana P.S. Case No. 92 of dated 19.05.2025 under Sections 85/316(2)/80/108/3(5) of the BNS, 2023.

And In Re : Uttam Barik & Anr.

... Petitioners.

Mr. Gaouranga Kr. Das ... for the Petitioners.

Mr. Saibal Bapuli Mr. Sujoy Sarkar ... for the State.

Heard learned counsels for the parties.

The petitioners are the parents in law of the victim and are in custody for more than 100 days. They pray for bail. Learned counsel for the State opposes the prayer. I have considered the material on record. The victim committed suicide in her matrimonial home. There are allegations of torture upon her by the petitioners and the husband of the victim. However, whether such conduct of the petitioners can be said to be the proximate cause for commission of suicide by her shall be assessed at the appropriate stage of the proceeding. Charge sheet has been submitted. Further detention of the petitioners is not required and they may be released on bail.

Accordingly, prayer for bail is allowed.

The petitioners Uttam Barik & Kanak Barik be released on bail upon furnishing bond of Rs.10,000/-

(Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kakdwip, South 24 Parganas subject to condition that they shall appear before the learned trial Court on every date of hearing and shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

In the event the petitioners fail to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)