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
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.)