Jakir Hossain v. State Of West Bengal

In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 28.07.2022 cm/ct 28 C.R.M.(DB) No. 276 of 2022 sl no. 9 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotwali P.S Case No. 1243 of 2021 dated 20.12.2021 under Sections 498A/304B/34 of the Indian Penal Code. And Allowed In Re : Jakir Hossain ..... petitioner Ms. Suman Sehanabis(Mondal) ...... for the petitioner Mr. Ujjwal Luksom Mr. Biswaroop Roy ...... for the State Petitioner is in custody for 216 days. It is contended coaccuseds are on bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Victim died due to hanging within six years of marriage. Allegations of torture are general and omnibus.

Balancing the nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Cooch Behar on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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. The application being CRM(DB) No.276 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)