Rama Das v. State Of West Bengal

29.09.2023 Sl. No.27 akd [ALLOWED] C. R. M. (DB) 3757 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.09.2023 in connection with Gaighata Police Station Case No.558 of 2023 dated 31.05.2023 under Sections 498A/307/406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, 1961. (G.R. Case No.1795 of 2023) And In Re: Rama Das ... ... Petitioner Ms. Sananda Bhattacharyya ... ... for the petitioner Mr. Debabrata Chatterjee .. ld. Addl. Public Prosecutor Mr. Santanu Chatterjee ... ... for the State

1. Petitioner is the mother-in-law of the victim lady.

2. It is submitted on behalf of the petitioner that she is in custody for about 30 days. Accordingly, she prays for bail.

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

4. We have considered the materials on record. Allegation of attempt to murder is not supported by medical evidence. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

5. Therefore, the accused/petitioner, namely Rama Das, 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, Bongaon, North 24-Parganas 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.

6. In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court.

7. The application for bail, thus, stands allowed. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)