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Asit Baran Show @ Asit Baran Shaw vs Unknown on 27 February, 2020



SL No.130
CRM 1985 of 2020

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 20.02.2020 in connection with
Salboni P.S. Case No. 261/2019 dated 23.12.2019 under
Sections 498A/406/376/307/34 of the Indian Penal Code read
with Sections 3/4 of the DP Act and Section 8 of the POCSO Act.

In the matter of: Asit Baran Show @ Asit Baran Shaw

Ms. Minoti Gomes
…for the

Mr. Bidyut Kr. Roy
Ms. Rita Datta
…for the State.

It is submitted on behalf of the petitioner that he is the

father-in-law of the de facto complainant / housewife and has

been falsely implicated in the case due to matrimonial strife.

Allegation of rape was not made in an earlier application seeking

relief under Protection of Women against Domestic Violence Act.

He is in custody for 57 days.

Learned lawyer for the State opposes the prayer for bail

and submits that the petitioner had sexually violated his own


We have considered the materials on record. Although

allegations are grave, one cannot lose sight of the continuing

matrimonial discord between the parties. Keeping in mind the

pre-existing enmity between the parties and the period of

detention suffered by the petitioner, we are inclined to grant him


Let the petitioner 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

Additional District Sessions Judge in-charge, 2nd Court,

Paschim Medinipur 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 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 Court.

The application for bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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