Piyarul Sk v. The State Of West Bengal And ANR

03.03.2025 Item No.18 Monthly List Court No.26 Allowed CHC CRM (DB) 4446 of 2024 In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Domkal Police Station Case No. 688 of 2024 dated 09.10.2024 under Sections 85/117(2)/109(1)/316(2)/3(5) of the Bharatiya Nyaya Sanhita 2023 and Sections 3/ 4 of Dowry Prohibition Act, 1961.

-AndIn the matter of : Piyarul Sk ... ... Petitioner Mr. Debanshu Ghorai, Advocate Mr. Anisur Rahman, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, Advocate Mrs. Manasi Roy, Advocate ... ...For the State Mr. Tannistha Bandyopadhyay, Advocate ... ... For the victim

1. Petitioner, State and the de facto complainant are represented.

2. Police filed charge sheet.

3. Apparently, a minor was given in marriage. Minor recorded her statement under Section 183 of the BNSS. Minor speaks of physical assault. She did not implicate the husband in penetrative sexual assault.

4. Materials on record do not suggest requirement of further detention of the petitioner particularly in view of the fact that, the police filed charge sheet.

5. In such circumstances, we grant bail to the petitioner.

6.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Berhampore, Murshidabad, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. 7.

In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 8.

The prayer for bail of the petitioner is allowed. 9.

CRM(DB) 4446 of 2024 is disposed of.

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