Sk. Mozammel Haque @ Sk Mojammel Haque@ Babul And ANR v. State Of West Bengal

21.11.2022 Sl. No.40 akd [ALLOWED] C. R. M. (DB) 4052 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.11.2022 in connection with Khanakul Police Station Case No. 280 dated 17.06.2022 under Sections 498A/304B of the Indian Penal Code. (G.R. Case No.700 of 2022) And In Re: Sk. Mozammel Haque @ Sk. Mojammel Haque @ Babul & Anr. ... ... Petitioners Mr. Niladri Sekhar Ghosh Ms. Sutanuka Chowdhury Ms. Sompurna Chatterjee Mr. Sourav Mondal ... ... for the petitioners Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Aniket Mitra ... ... for the State Petitioners renew their prayer for bail. It is submitted on behalf of the petitioners that they are the parents-in-law of the victimhousewife. It is further submitted that they are in custody for about 157 days.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegations of torture levelled against the petitioners are general and omnibus. Though injuries are noted in the enquiry report, post-mortem doctor opined death was due to hanging. Incident occurred after four years of marriage. 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 accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely (1) Sk. Mozammel Haque @ Sk. Mojammel Haque @ Babul & (2) Rafnara Begam, 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, Arambagh, Hooghly 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.)