Rajkumar Roy v. The State Of West Bengal

12-09-2024 (ct. no.06) KOLE Allowed CRM (DB) 2909 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of BNSS in connection with Goghat Police Station Case No. 283 of 2024 dated 12.06.2024 under Sections 498(A)/328/406 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act..

- A n d - In the matter of : Rajkumar Roy .... Petitioner.

Mr. Niladri Sekhar Ghosh, Mr. Sourav Mondal, Ms. Labani Sikder, ... For the Petitioner.

Ms. Zareen N. Khan, Mr. Sobhan Gani, ... For the State.

1.

Heard the learned lawyers for both the parties. 2.

Petitioner submits he is the husband of the victim lady. She committed suicide due to depression after the birth of her child. He prays for bail.

3.

Learned Advocate for the State opposes the bail prayer. 4.

We have considered the dying declaration of the victimwife. In her statement she stated she was subjected to torture by her in-laws. Allegations against the petitioner/husband are incidental.

5.

Under such circumstances, we are inclined to release the petitioner on bail.

6.

Accordingly, we direct that the petitioner, namely, Rajkumar Roy, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of September 2024 06:30:42 PM

must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Arambagh, Hooghly and on further conditions that the petitioner 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.

7. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this court.

8. The application for bail is, accordingly, allowed. ( Gaurang Kanth, J. ) ( Joymalya Bagchi, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of September 2024 06:30:42 PM