tkm/ct 42 C.R.M. 4180 of 2019
sl no. 61
In Re : An application for bail under Sectionsection 439 of the Code of
Criminal Procedure filed on 11.4.2019 in connection with Raiganj P.S
Case no. 134 of 2018 dated 19.3.2018 under Sectionsections
498A/Section302/Section304B/Section34 of the Indian Penal Code
In Re : Debabrata Biswas …….. petitioner
Ms. Manasi Roy
…… for the petitioner
Mr. Saswata Gopal Mukherjee, ld PP
Ms. Amita Gaur
…… for the State
The petitioner has been implicated in a case under
Sections 498A/Section302/Section304B/Section34 of the Indian Penal Code.
The learned lawyer for the petitioner submits that
petitioner is in custody for 451 days and charge sheet has
already been submitted.
Learned lawyer appearing on behalf of the State
opposes the prayer for bail and submits that there are
allegations of torture which are revealed from the statements
of the witnesses.
Having considered the materials on record including
the case diary and the inquest report and taking into account
the long detention of the petitioner, we are inclined to release
the petitioner on bail.
Accordingly, we direct that the petitioner 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 CJM, Uttar Dinajpur at
Raiganj subject to the condition that during bail he shall
appear before the learned trial court regularly till disposal of
the trial and shall not intimidate witnesses or tamper with
evidence in any manner whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial
court to cancel the bail without any further reference to this
Accordingly, the application for bail is allowed.
C.R.M. 4180 of 2019 is, thus, disposed of.
Urgent photostat copy of this order, if applied for, be given
to the parties upon compliance of all formalities.
(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)