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Calcutta High CourtCRM (DB)/4556/2022allowed

Ashim Biswas @ Subol Biswas v. State Of West Bengal

2022-12-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

23.12.2022.

46.

as (Allowed) C.R.M. (DB) 4556 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P. S. Case No.846 of 2022 dated 31.08.2022 under Sections 498A/302/304B/34 of the Indian Penal Code and charge sheet submitted under Sections 498A/304B/34 of the Indian Penal Code.

In the matter of : Ashim Biswas @ Subol Biswas. .... Petitioner.

Mr. Prabir Majumder, Mr. S. Majumder.

...for the Petitioner.

Mr. Partha Pratim Das, Mrs. Manasi Roy.

...for the State.

Petitioner is in custody for 115 days. Investigation is complete. Co-accuseds are on bail. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Allegations of torture are general and omnibus. Co-accuseds are on bail. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Ashim Biswas @ Subol Biswas 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, Ranaghat, Nadia 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. 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.

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