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Calcutta High CourtCRM (DB)/4810/2023allowed

Bapi Roy v. State Of West Bengal

2024-01-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

03.01.2024.

38.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4810 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat P.S. Case No.5941 of dated 20.08.2022 under Sections 498A/304B of the Indian Penal Code.

In the matter of : Bapi Roy.

.... Petitioner.

Mr. Prabir Majumder, Mr. S. Majumder.

...for the Petitioner.

Mr. Prasun Kr. Dutta, ld. A.P.P., Ms. Ayantika Ray.

...for the State.

1.

Petitioner is in custody for more than 500 days. He contends there is no progress in the matter. He renews his bail prayer.

2.

Learned Advocate for State opposes the bail prayer. 3.

We have considered the materials on record. Victim housewife committed suicide at the matrimonial home. Though petitioner is in custody for a considerable period of time, there is little progress in the matter. Co-accused are on bail. There is no chance of abscondence.

4.

Under such circumstances, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Bapi Roy 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.

6.

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.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)