Golam Mostafa Ali Khan @ Mostafa Ali Khan @ Golam Mostafa Kha v. State Of West Bengal

24.

18.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3951 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Pursurah Police Station Case No.62/2024 dated 06.03.2024 under Sections 498A/304B/302/406 of the IPC, 1860 & Section 4 of the Dowry Prohibition Act, 1961.

And In the matter of: - Golam Mostafa Ali Khan @ Mostafa Ali Khan @ Golam Mostafa Kha.

...petitioner.

Mr. Niladri Sarkar, Ms. Sompurna Chatterjee, Mr. Sourav Mondal, Ms. Labani Sikder, Mr. Rony Mondal, Mr. Souvik Dey ...for the petitioner.

Mr. Subhamay Bhattacharya, Mr. Arup Sarkar ...for the State.

1. Police filed charge-sheet.

2. Victim died apparently due to effects of ante-mortem hanging. Injury is on the body records one non-continuous ligature mark.

3. The issue as to whether, the petitioner was instrumental in murdering his wife or abetting the suicide, may be decided at the trial.

4. Hence, we are inclined to grant bail to the petitioner.

5. Accordingly, we direct that the petitioner, namely, Golam Mostafa Ali Khan @ Mostafa Ali Khan @ Golam Mostafa Kha shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned A.C.J.M., Arambagh, Hooghly. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

7. The application for bail being CRM (DB) 3951 of 2024 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)