Indian Penal Code vs In Re:- Dipankar Biswas on 30 August, 2017

1

33 30.8.2017

C.R.M. No.8191 of 2017
p.d.

Re: An application for bail under Section 439 Cr.P.C. affirmed on 11.8.2017 in connection with
Krishnagunj Police Station Case No.97/2017 dated 22.3.2017 under Sections 498A/326/307/34 of the
Indian Penal Code, subsequently added Section 302 I.P.C.

-And –

In re:- Dipankar Biswas …. Petitioner.

Mr. Prabir Majumder,
Mr. Snehansu Majumder … For the petitioner.

Mr. Tanmoy Kumar Ghosh,
Mr. Arindam Sen …. For the State.

As prayed for, leave is granted to the learned Counsel for the

petitioner to make necessary insertion in the cause title of this

application for bail.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is in custody for 160 days. Charge sheet has

already been submitted but the charge is yet to be framed.

It is submitted by the learned Counsel for the petitioner that

further custodial detention of the petitioner is not required even after

submission of the charge sheet in the matter. It is also submitted that

out of six chargesheeted accused persons, four persons have been

granted anticipatory bail by this Court.

It is submitted by the learned Counsel appearing for the State

that the petitioner is the principal accused, being the husband of the

victim lady and according to the statement of the victim recorded under
2

Section 164 Cr.P.C., the petitioner was responsible for setting her on

fire.

After considering the materials in the case diary as also on

perusal of the statement of the victim lady and since our attention has

not been drawn by the learned Advocate appearing on behalf of the

State towards any materials to show that further custodial detention of

the petitioner is required even after submission of the charge sheet and

no satisfactory materials are produced before us that in the event bail is

granted in favour of the petitioner or that he is likely to abscond, we are

inclined to allow the petitioner’s prayer for bail.

Accordingly, we allow his prayer for bail.

The petitioner be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must

be local, to the satisfaction of the learned Chief Judicial Magistrate,

Nadia on condition that after release, the petitioner shall be present on

each and every date of hearing of the trial before the court below in

default, his bail will be cancelled automatically without any further

reference to this Court.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )
3

Leave a Comment

Your email address will not be published. Required fields are marked *