Soumen Bera v. State Of West Bengal

15.12.2020.

55.

as (Allowed) C.R.M. 10392 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khanakul P. S. Case No.206 of 2020 dated 31.08.2020 under Sections 498a/304B of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act and charge sheet submitted under Sections 498A/304B of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

In the matter of : Soumen Bera.

.... Petitioner.

Mr. Tanmay Chowdhury.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, Ms. Sima Biswas.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioner that he is in custody for about 105 days. Co-accused persons are on bail. Learned Advocate appearing for the State opposes the prayer for bail and submits that the victim housewife was tortured and committed suicide within one year of marriage. Having considered the facts and circumstances of the case, period of detention suffered by the petitioner i.e. 105 days and as investigation is complete, 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, Arambagh,

Hooghly subject to 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 appear before the Trial Court without any 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, being C.R.M. 10392 of 2020, is disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)