Gopal Barman v. The State Of West Bengal
20.08.2024 Court No.1 SL No. 14 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(DB) 384 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dinhata Women P.S. Case No.17 of 2024 dated 03.02.2024 under Sections 498(A)/304B of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act, 1961.
And In the matter of: Gopal Barman ....Petitioner.
Mr. Sudip Guha ...for the petitioner.
Mr. Ujjwal Luksom Mr. Dhiman Sil ...for the State.
1.
The application for bail is sought on the ground that the mother of the petitioner has died and the petitioner has two baby children. The petitioner is in custody for 200 days. 2.
The learned counsel for the State opposes the prayer for bail.
3.
While the allegations in the charge sheet and the statements in the case diary are rather incriminating, this Court is of the view that further detention of the petitioner does not serve any useful purpose.
4.
In view of the above, this Court is of the view that the petitioner shall be released on bail.
5.
Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 5,000/- with two sureties of like amount
each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Dinhata subject to the conditions that while on bail the petitioner shall appear before the learned trial court regularly till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on condition that the petitioner shall not leave the jurisdiction of the Trial Court without obtaining prior leave of the Court.
6.
In the event the petitioner fails to comply with the aforesaid conditions as enshrined hereinabove, the bail of the petitioner shall automatically stand cancelled without any further reference to this Court.
7.
The application for bail is, thus, disposed of. (Rajasekhar Mantha, J.) (Ajoy Kumar Mukherjee, J.)