Rinku Ghosh v. State Of West Bengal

23.12.2022.

44.

as (Allowed) C.R.M. (DB) 4554 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanditala P. S. Case No.474 of 2022 dated 18.09.2022 under Sections 498A/304B/406 of the Indian Penal Code read with Section 3 & 4 of the Dowry Prohibition Act and charge sheet submitted under Sections 498A/304B/406 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act. In the matter of : Rinku Ghosh.

.... Petitioner.

Mr. Jayanta Narayan Chatterjee, Ms. Jayashree Patra.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, ld. SGA, Mr. Arindam Sen.

...for the State.

Petitioner is in custody for 96 days. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Investigation is complete. Allegations of torture are general and omnibus. Incident occurred six years after marriage.

Balancing the nature of accusation with the period of detention suffered by him and as investigation is complete, we are inclined to grant bail to the petitioner. Accordingly, the petitioner viz., Rinku Ghosh 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, Serampore, Hooghly subject to condition that she

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 the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)