Rup Kumar Bhowmik v. The State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI 22.01.2025. C.R.M. (DB) 20 of 2025 5/tkm In Re:- An application for bail under Section 483 of BNSS 2023 in connection with Sitai P.S case no. 95 of 2024 dated 18.4.2024 under sections 498A/304B IPC and Allowed In the matter of : Rup Kumar Bhowmik ..... Petitioner Ms. Mousumi Das ...for the Petitioner Mr. A S Chakraborty, Ld APP Mr. Tapan Bhattacharjee ...for the State
1. Petitioner is the husband of the victim-wife. He contends out of depression victim committed suicide. Allegations of torture over demand of dowry are false. He renews his bail prayer.
2. Learned lawyer for the State submits victim-wife was pregnant at the time of incident.
3. We have considered the materials on record. Victim wife committed suicide at the matrimonial home. She was pregnant at the time of incident. Noting these facts a coordinate Bench had turned down the prayer on merits in September 2024. Till date charge has not been framed and there is little possibility of the trial concluding in the near future. There is no chance of abscondence. Offences even if proved, would not attract mandatory life imprisonment. Balancing the nature of accusation with the period of
detention suffered by the petitioner i.e. 277 days, we are inclined to grant bail to him.
4. Accordingly, 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 ACJM Dinhata Coochbehar on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
5. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
6. The application being CRM (DB) 20 of 2025 is disposed of.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)