Niranjan Maity And ANR v. State Of West Bengal

02.09.2022.

12.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2962 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khanakul P. S. Case No.293 of 2022 dated 01.07.2022 under Sections 498(A)/304(B) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

In the matter of : Niranjan Maity & Anr.

.... Petitioners.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee, Ms. Sompurna Chatterjee, Mr. Sourav Mondal.

...for the Petitioners.

Mr. Bidyut Kr. Roy, Ms. Rita Datta.

...for the State.

Petitioners are the parents-in-law of the victim housewife. They are in custody for 64 days. They pray for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Allegations of torture are general and omnibus in nature. Keeping in mind the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners shall 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 Additional Chief Judicial Magistrate, Arambagh,

Hooghly subject to condition that they 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 petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their 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.)