Som Biswas @ Sombaran Biswas And ANR v. State Of West Bengal

14.12.2022 Sl. No.10 akd [ALLOWED] C. R. M. (DB) 3982 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.11.2022 in connection with Hanskhali Police Station Case No.846 of 2022 dated 31.08.2022 under Sections 498A/302/304B/34 of the Indian Penal Code.

And In Re: Som Biswas @ Sombaran Biswas & Anr.

... ... Petitioners Mr. Prabir Majumder Mr. Snehansu Majumder ... ... for the petitioners Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 109 days. Investigation is complete. Learned Advocate appearing for the State opposes the prayer for bail and submits victim-housewife committed suicide within six years of marriage.

We have considered the materials on record. Allegations of torture are general and omnibus. Balancing the nature of accusation with the period of detention suffered by the petitioners and as investigation is complete, we are of the opinion further detention of the accuseds/petitioners is not necessary.

Therefore, the accuseds/petitioners, namely (1) Som Biswas @ Sombaran Biswas & (2) Fulkumari Biswas, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the said petitioners 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.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)