Kamal Roy And ANR v. The State Of West Bengal

18.09.2020 Court No.08 Serial No.03 rpan (Bail).

C.R.M. 5284 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Jalpaiguri Women P.S. Case No. 41 of 2020 dated 30.03.2020 under sections 498A/304B/34 of the Indian Penal Code read with Section 3 /4 of Dowry Prohibition Act, 1961; In Re : Kamal Roy & Another ......Petitioners Ms. Jeenia Rudra ....For the Petitioners Mr. Aditya Shankar Chakraborty .......For the State Heard the learned advocates appearing on behalf of the parties.

Having considered the materials on record and bearing in mind the period of detention suffered by the petitioners i.e., 179 days and as there is hardly any progress in the matter since the last rejection of bail by this Court and keeping in mind the facts and circumstances of the case particularly the cause of death of the victim girl due to hanging which is indicative of suicidal death, we are inclined in granting bail to the petitioners. Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri and on condition that the petitioners shall appear before the Trial Court on every date of hearing until

further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioners fail to appear before the Trial Court without any 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, being CRM No. 5284 of 2020, is disposed of.

All concerned 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.)