Kusum Soren v. State Of West Bengal

18.10.2023.

50.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4104 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barikul P.S. Case No.36 of 2020 dated 25.12.2020 under Sections 498A/302 of the Indian Penal Code.

In the matter of : Kusum Soren.

.... Petitioner.

Mr. Ranadeb Sengupta.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Ms. Faria Hossain, Mr. Anand Keshari.

...for the State.

1.

Petitioner is in custody for more than two years. Victim suffered accidental burns. He submits he has been falsely implicated. There is little possibility of trial concluding in the near future.

2.

Learned Advocate for the State opposes the prayer for bail. She contends petitioner did not take any steps to provide medical attention to the victim.

3.

We have considered the materials on record. Petitioner is in custody for more than two years. There is little possibility of trial concluding in the near future. There are rival versions with regard to cause of death of the victim.

4.

Under such circumstances, we are of the opinion petitioner may be enlarged on bail.

5.

Accordingly, the petitioner viz., Kusum Soren 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 Additional Chief Judicial Magistrate, Khatra, Bankura 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.)