Dilip Ghosh And ANR v. State Of West Bengal

09.08.2023 tkm/ct 28 C.R.M. (DB) 3149 of 2023 sl no. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S case no. 521 of 2023 dated 24.5.2023 under sections 306/34 IPC, added section 302 IPC and Allowed In Re : Dilip Ghosh & Anr.

... petitioners Mr. S Majumder ...... for the petitioner Ms. Z N Khan Md. Kutubuddin ...... for the State Petitioners are the parents of co-accused Dibyendu Ghosh. They are in custody for 77 days. They have been falsely implicated. They pray for bail.

Learned lawyer for the State opposes the bail prayer. She submits one Dibyendu Ghosh was the driver of one Samir Biswas. He had blackmailed Samir by showing his obscene pictures to his wife. Subsequently, wife of Samir Biswas was strangulated and Samir committed suicide.

We have considered the materials on record. Dispute revolves around Samir Biswas and his driver Dibyendu Ghosh. Petitioners are the parents of the said Dibyendu Ghosh. Their complicity in the crime is remote.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the

learned ACJM, Ranaghat, Nadia on condition that the petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 3149 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)