Subal Kumar And ANR v. State Of West Bengal

26.10.2023 Court No.8 Item. 15 (Suvendu/Sandip) CRM(DB) 4163 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Kotshila Police Station Case No. 85 of 2023 dated 01.08.2023 under Sections 498A/ 304B of the Indian Penal Code pending as G.R. Case No. 1385 of 2023 before the learned Chief Judicial Magistrate, Purulia.

And In the matter of: Subal Kumar & Anr.

. .. . . . . .Petitioners.

Mr. Saurav Chatterjee Mr. Saugata Mitra Mr. Surajit Basu Ms. Soma Chakraborty Mr. Asfak Ahmmed For the Petitioners.

Mr. Pradipta Kumar Ganguly For the State.

1. The brother-in-law and the father-in-law of the victim lady are before us.

2. Learned counsel appearing for the petitioners places an order passed by a coordinate Bench dated 5th October, 2023 where the mother-inlaw and the sister-in-law of the victim lady were granted bail. The reason given for grant of bail was that the allegations are general and omnibus and there is no chance of the petitioners absconding, i.e. the mother-in-law and the sister-in-law of the victim lady.

3. The petitioners before us are on the same footing as the petitioners before the coordinate Bench in CRM(DB) 3846 of 2023.

4. The contention of learned counsel appearing for the prosecution that no notice was served upon them and the prosecution was not aware of the petitioners' moving the application for bail today is not believable since the matter is a part of the Daily Cause List for today and was also in the List of the Vacation Bench of yesterday, i.e. 25.10.2023.

5. The prayer for bail is accordingly allowed.

6. We accordingly direct that the petitioners shall 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 who must be local, to the satisfaction of the learned CJM, Purulia. The petitioners shall not induce witnesses or influence them or tamper with evidence. The petitioners shall report to the I.O. of the concerned Police Station once every fortnight and shall not leave the local limits of the local police station without leave of the learned CJM, Purulia. The petitioners shall also make themselves available for the trial as and when the petitioners are required.

7. CRM(DB) 4163 of 2023 is accordingly allowed and disposed of in terms of the above.

(BIBHAS RANJAN DE, J.) (MOUSHUMI BHATTACHARYA, J.)