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Calcutta High CourtCRM (DB)/2842/2024allowed

Himmat Singh And ANR. v. The State Of West Bengal

2024-09-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.09.2024.

88.

Ct.No.6.

as (Allowed) C.R.M. (DB) 2842 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhatpara P.S. Case No.257 of 2021 dated 23.05.2021 under Sections 498A/304B/34 of the Indian Penal Code. In the matter of : Himmat Singh & Anr.

.... Petitioners.

Mr. Sandip Chakraborty, Mr. Amanul Islam, Mr. Sourav Mukherjee, Mr. Kaustav Das.

...for the Petitioners.

Mrs. Rituparna De Ghosh, Mr. Arabinda Manna.

...for the State.

1.

Petitioners are the parents-in-law of the victim lady. They submit there is delay in lodging the First Information Report. They are in custody for 180 days. Investigation is complete. Accordingly, they pray for bail.

2.

Learned Advocate for the State opposes the bail prayer. She submits the victim lady committed suicide within six months of marriage.

3.

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

4.

Under such circumstances, we are inclined to enlarge the petitioners on bail.

5.

Accordingly, the petitioners viz., Himmat Singh and Archana @ Asha Debi shall be released on bail upon Signed By : ALOK SETH High Court of Calcutta 13 th of September 2024 05:23:14 PM

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, Barrackpore, North 24-Paraganas 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.

6.

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.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 13 th of September 2024 05:23:14 PM