CRM 10850 of 2019
In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 20.11.2019 in connection with
Chakdaha P.S. Case No. 409 of 2019 dated 21.09.2019
under Sections 498A/Section306/Section34 of the Indian Penal Code.
In the matter of: Abhijit Biswas alias Dodon
Ms. Minoti Gomes
…for the Petitioner.
Mr. Tanmay Kr. Ghosh,
Mr. Arindam Sen
…for the State.
It is submitted on behalf of the petitioner that he is in
custody for about 50 days and he was not present at the place
of occurrence at the time of commission of offence. Incident
occurred eight years after marriage.
Learned lawyer for the State opposes the prayer for bail
and submits that the victim suffered unnatural death due to
Having considered the materials on record and bearing
in mind the nature of allegations in the light of the submission
that the petitioner was not present at the place of occurrence
and the incident occurred eight years after marriage and as the
statutory presumptions under Section 113A/Section113B of the
SectionEvidence Act are not attracted in the facts and circumstances
of the case, we are inclined to grant bail to the petitioner.
Let the petitioner be released on bail upon furnishing a
Bond of Rs. 10,000/-(Rupees Ten Thousand Only), with two
sureties of like amount each, one of whom must be local, to
the satisfaction of the Learned Additional Chief Judicial
Magistrate, Kalyani, Nadia subject to the condition that during
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
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
The application for bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)