Calcutta High CourtCRM/9166/2020allowed

Ashoke Biswas @ Ashok And ANR v. State Of West Bengal

2020-11-25Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Tirthankar Ghosh2 pages

25.11.2020 Sws M/G.S.Das Ct. No.11 CRM 9166 of 2020 (Via Video Conference) In Re : An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 56 of 2020 dated 22nd of May, 2020 under Section 498A/304B/34 of the IPC, 1860.

And In the matter of : Ashoke Biswas @ Ashok & Anr. ..... Petitioners Mr. Arnab Chatterjee .... for the Petitioners Mr. Saswata Gopal Mukherjee Mr. Aniket Mitra ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned Advocate for the petitioners submits that the petitioners are the father-in-law and the brother-in-law of the deceased victim. He further submits that the victim committed suicide and the husband of the victim is still in custody. Learned Advocate further adds that the petitioners are in custody for about five months. Learned Advocate for the State opposes the prayer for bail and submits that there are materials against all the inmates of the

matrimonial home of the deceased and the release of the petitioners would prejudice further progress of the case. Having regard to the materials available in the CD and the nature of the allegations made against the present petitioners, we are of the opinion that the further detention of the petitioners are not warranted in the backdrop of the present case.

Accordingly the prayer for bail of the petitioners is Allowed. Accordingly, we direct, that the petitioners (1. Ashoke Biswas @ Ashok and 2. Deb Kumar Biswas) shall be released on bail upon furnishing bond of Rs.10,000/- (rupees ten thousand only) each, with like amount each one of whom must be local to the satisfaction of the ACJM, Ranaghat on condition that the petitioners shall not tamper with the evidence or intimidate the witnesses.

With these observations, CRM 9166 of 2020 is disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)