Rejamail Sk v. State Of West Bengal

17.08.2023 Sl. No.40 akd [ALLOWED] C. R. M. (DB) 3227 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 31.07.2023 in connection with Ranitala Police Station Case No.523 of 2022 dated 18.11.2022 under Sections 498A/304B/306/34 of the Indian Penal Code. (G.R. Case No.3845 of 2022) And In Re: Rejmail Sk.

... ... Petitioner Md. Golam Nure Imrohi ... ... for the petitioner Ms. Faria Hossain Ms. Baisali Basu Mr. Anand Kesari ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 105 days. Investigation is complete. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits victim lady committed suicide within two years of marriage at the matrimonial home.

3. We have considered the materials on record. Allegations of torture are general and omnibus. Investigation is complete. There is no possibility of abscondence of the petitioner.

Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Rejmail Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial

Magistrate, Lalbagh, Murshidabad subject to condition that the said petitioner 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.

5. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)