Raju Biswas v. State Of West Bengal

11.12.2020 ss Allowed C.R.M. 10221 of 2020 (Through Video Conference) In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Taherpur P.S. Case No. 56 of 2020 dated 22.05.2020 under sections 498A/304B/34 of the Indian Penal Code.

And In the matter of : Raju Biswas Mr. Arnab Chatterjee ... ... for the petitioner Mr. Bidyut Kr. Roy Ms. Rita Dutta ... ... for the State It is submitted on behalf o the petitioner that the incident occurred five years after marriage. Victim committed suicide out of depression. Petitioner immediately extended medical attention to the victim. Petitioner is in custody for 200 days. Investigation is complete.

Learned lawyer for the State opposes the prayer for bail. Allegation of torture over demands of dowry is to be assessed in the light of the aforesaid submissions particularly the fact that the petitioner had extended medical attention to save the life of the victim.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 the condition that the petitioner 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 do so without 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, allowed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)