Avijit Kumar Bhowmick v. State Of West Bengal

22.01.2021 Court No.28 Item No. 06 Krishnendu Bail Granted CRM 10784 of 2020 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;

And In Re: Avijit Kumar Bhowmick Petitioner Mr. Debajyoti Deb Mr. Pabitra Biswas For the Petitioner Mr. Rana Mukherjee Mrs. Sujata Das For the State Mr. M.H. Chowdhury For the De facto Complainant The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Duttapukur Police Station Case No. 636 of 2020 dated 02.092020 under sections 498A/304B/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The learned advocate appearing for the petitioner submits that over a trivial issue, a dispute occasioned between the petitioner and the victim lady about one and half years after the marriage. Upon completion of investigation, charge sheet has already been filed and as such further detention of the petitioner, who is in custody for 142 days, is not warranted. The learned advocate appearing for the State opposes the prayer for bail and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of allegations and the post mortem report, we are of the opinion that further detention of the petitioner is not necessary.

Accordingly, we direct that the petitioner, namely, Avijit Kumar Bhowmick, 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 Chief Judicial Magistrate, North 24-Parganas at Barasat. With the aforesaid observations, the application for bail, being CRM No. 10784 of 2020, is disposed of.

(Tirthankar Ghosh, J) (Tapabrata Chakraborty, J)