Krishna Das And ANR v. State Of West Bengal
31.08.2022 sdas allowed CRM (DB) No. 2935 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Shantipur Police Station Case No. 581 of 2022 dated 10.06.2022 under Sections 498A/304B/34 of the Indian Penal Code added Sections 3/4 of the Dowry Prohibition Act.
And In Re : Krishna Das & Anr. ...... petitioners Ms. Minoti Gomes .....for the petitioners Mr. Saswata Gopal Mukherji, learned PP Mr. Partha Pratim Das Mrs. Manasi Roy ..... for the State Learned Counsel appearing for the petitioners submits petitioners are in custody for more than 81 days. Investigation is complete. Petitioners pray for bail.
Learned Counsel appearing for the State opposes the prayer for bail.
We have considered material on record. Allegations of torture are general and omnibus in nature. In view of nature of accusation, period of detention suffered by the petitioners and as investigation is complete, we are inclined in granting bail to them.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing a 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, Ranaghat, Nadia,
subject to the condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without further reference to this Court.
The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)