Gautam Garai v. State Of West Bengal

16.02.2020 SL No.15 Saswata CRM 9223 of 2020 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bankura P.S. Case No. 124/2020 dated 22.07.2020 under Sections 498A/302/304B/34 of the Indian Penal Code read with Sections 3/4 of the DP Act and Section 8 of the POCSO Act. And In the matter of: Gautam Garai ....Petitioner.

Ms. Soumik Ganguli ...for the Petitioner.

Ms. Zareen N. Khan Mr. M.F.A Begg ...for the State.

Learned lawyer for the petitioner submits that the petitioner is in custody for about 150 days and investigation is complete.

Learned lawyer for the State opposes the prayer for bail and produces suicide note.

Keeping in mind the facts and circumstances of the case and as the offence does not involve indeterminate sentence of life imprisonment of the petitioner and bearing in mind the period of detention suffered by the petitioner and as investigation in complete, we are inclined to grant him bail.

Let the petitioner 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 Chief Judicial Magistrate, Bankura subject to the condition that during bail the petitioner shall appear before the learned trial court regularly till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner

whatsoever 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 any further reference to this Court. The application for bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)