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Calcutta High CourtCRM (DB)/4007/2022allowed

Susanta Bouri v. State Of West Bengal

2022-11-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

17.11.2022 tkm/ct 28 C.R.M. (DB) 4007 of 2022 sl no. 22 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kulti P.S case no. 308 of 2022 dated 17.5.2022 under sections 498A/304B/34 of the IPC and Allowed In Re : Susanta Bouri ...... petitioner Mr. Ayan Bhatacharya Mr. Kunal Ganguly Mr. T Mukherjee ...... for the petitioner Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ...... for the State Petitioner is in custody for six months. It is submitted he has been falsely implicated in the instant case. There is no possibility of trial concluding in the near future. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Victim housewife committed suicide at the matrimonial home. Petitioner is in custody for more than six months.

There is little possibility of trial concluding in the near future. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner. Accordingly, the petitioner 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 CJM, Paschim Bardhaman on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 4007 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)