Tulsi Dolui And ANR v. State Of West Bengal

17.11.2023 as/tkm/ct 28 C.R.M. (DB) 4185 of 2023 sl no. 35 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Goghat P.S case no. 281 of 2023 dated 7.9.2023 under sections 302/34 of the IPC, charge sheet submitted under sections 306/34 IPC and Allowed In Re : Tulsi Dolui & Anr.

..... petitioners Mr. N S Ghosh Ms. S Chattejee Mr. Sourav Mondal ...... for the petitioners Mr. Debasis Roy Mr. P P Das Mr. Aniket Mitra ...... for the State 1.

Liberty to correct the cause title of the petition. 2.

Petitioners are in custody for 72 days. It is contended there was a family dispute. They have been falsely implicated in the case. They pray for bail.

3.

Learned lawyer for the State opposes the bail prayer. 4.

We have considered the materials on record. Though FIR was registered under section 302 IPC, charge sheet has been filed under section 306 IPC. Victim did not leave behind any suicide note. Investigation is complete. There is no chance of their abscondence.

5.

Under such circumstances we are inclined to grant bail to the petitioners.

6.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM Arambagh, Hooghly on condition that the

petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

7.

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. 8.

The application being CRM (DB) 4185 of 2023 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)