Pulak Sarcar @ Sarkar v. State Of West Bengal
01.09.2022.
10.
Ct.No.28.
as (Allowed) C.R.M. (DB) 2930 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.552 of dated 04.06.2022 under Sections 498A/304B/302/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
In the matter of : Pulak Sarcar @ Sarkar.
.... Petitioner.
Mr. Subir Debnath, Ms. Roma Roy.
...for the Petitioner.
Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Aniket Mitra.
...for the State.
Petitioner is in custody for 88 days. It is submitted he is the uncle-in-law of the victim housewife and has been falsely implicated in the instant case. He prays for bail. Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. Allegation of torture against the petitioner are general and omnibus in nature. Balancing the extent of complicity of the petitioner with the crime with the period of detention suffered by him, we are inclined to grant bail to the petitioner.
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 Additional Chief Judicial Magistrate, Ranaghat,
Nadia subject to condition that he 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 the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)