Biswajit Das v. State Of West Bengal

21.12.2020 Item no. 95 Court No.28 AB C.R.M. No.10317 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Domjur Police Station Case No.386 of 2020 Dated 14.08.2020 under Sections 498A/304B 302/34 of the Indian Penal Code read with Sections 3/4 of the D. P. Act And In the matter of:- Biswajit Das & Anr.

... Petitioners Mr. Subhasish Pachhal Mr. Rameshwar Sinha .. for the petitioners Mr. Aniket Mitra ..for the State We have considered the materials on record. The allegations are general and omnibus in nature.

Under such circumstances and in view of the period of detention suffered by the petitioners, i. e. 127 days and as investigation is complete, we are inclined to grant bail to the petitioners.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each, each of whom must be local, to the satisfaction of the learned Chief

Judicial Magistrate, Howrah, subject to the condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)