Tarun Seth v. State Of West Bengal

21.11.2022 Sl. No.30 akd [ALLOWED] C. R. M. (DB) 4042 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.11.2022 in connection with Khanakul Police Station Case No. 312 of 2022 dated 25.07.2022 under Sections 498A/304B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. (G.R. Case No.841 of 2022) And In Re: Tarun Seth ... ... Petitioner Mr. Tapodip Gupta ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Aniket Mitra ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 116 days. Investigation is complete. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Victim-housewife committed suicide six and a half years after marriage. Allegations of torture are general and omnibus in nature. Investigation is complete. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Tarun Seth, 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, Arambagh, Hooghly 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.

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 for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)