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Calcutta High CourtCRM (DB)/3844/2023allowed

Sakla Soren @ Shakla v. State Of West Bengal

2023-10-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

05.10.2023.

47.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3844 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with TAPAN P.S. Case No.338 of dated 05.06.2023 under Sections 498A/304B of the Indian Penal Code.

In the matter of : Sakla Soren @ Shakla.

.... Petitioner.

Mr. Sayan De, Mr. Kkaustav Shome.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Partha Pratim Das, Mrs. Manasi Roy.

...for the State.

1.

Petitioner is in custody for 120 days. Investigation is complete. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits victim lady committed suicide within three years 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.

Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Sakla Soren @ Shakla 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 Chief

Judicial Magistrate, Dakshin Dinajpur at Balurghat subject to condition that he 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 petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his 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.)