Goutam Mukherjee v. State Of West Bengal

20-09-2024 (ct. no.238) KOLE Allowed CRM (DB) 3132 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of BNSS in connection with Bhatpara Police Station Case No. 204 of 2024 dated 04.04.2024 under Sections 498A/304B/34of the Indian Penal Code.

- A n d - In the matter of : Goutam Mukherjee .... Petitioner.

Mr. Shashanka Sekhar Saha, ... For the Petitioner.

Mr. Rana Mukherjee, Mrs. Rituparna Saha, ... For the State.

1.

Heard the learned lawyers for both the parties. 2.

The petitioner is in custody for 164 days. He is the fatherin-law of the victim lady. Mother-in-law has been enlarged on bail. He prays for bail.

3.

Learned Lawyer for the State refers to the statements of the neighbour who stated that there was a quarrel on the day of the incident.

4.

We have considered the materials on record.

5.

Victim/housewife committed suicide. Her suicide note records that the petitioner had suggested that she and her husband reside separately but the victim did not do so. 6.

Petitioner attempted to amicably settle the matrimonial dispute. He is in custody for a considerable time. Investigation is complete. Co-accused mother in law is on bail. Accordingly, we are of the opinion further custodial detention of the petitioner is not necessary and he may be enlarged on bail.

Signed By :

ABHIJIT KOLE High Court of Calcutta 25 th of September 2024 02:40:51 PM

7.

Accordingly, we direct that the petitioner, namely, Goutam Mukherjee, shall be released on bail upon furnishing a bond of Rs. 10,000/-, 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 Parganas 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.

8. 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.

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

ABHIJIT KOLE High Court of Calcutta 25 th of September 2024 02:40:51 PM