Bellal Hossain v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 13.05.2024.

66.

Ct.No.28.

as (Allowed) C.R.M. (DB) 185 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ghoksadanga P.S. Case No.562 of 2013 dated 05.11.2013 under Sections 498A/304B of the Indian Penal Code.

In the matter of : Bellal Hossain.

.... Petitioner.

Mr. Subhasish Misra, Mr. Satyajit Paul.

...for the Petitioner.

Mr. Abhijit Sarkar, Mr. Sanjiv Das.

...for the State.

1.

Petitioner is in custody for more than six months. He submits investigation is complete. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Allegations of torture are general and omnibus. Incident occurred four years after marriage. Investigation is complete. There is no chance of abscondence.

4.

Under such circumstances, we are inclined to enlarge the petitioner on bail.

5.

Accordingly, the petitioners viz., Bellal Hossain 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, Mathabhanga, Coochbehar subject to condition that he 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. 6.

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.

7. This application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)