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Biswajit Debnath @ Bhombal vs Unknown on 20 February, 2020


123 20.02.2020

rkd Ct. No.28
C.R.M. 1947 of 2020

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 19/02/2020 in connection with
Serampore P.S. Case No. 548 of 2019 dated 06/12/2019
under Sections 498A/306of the Indian Penal Code.


In the matter of: Biswajit Debnath @ Bhombal

Mr. T. Chakraborty
…for the petitioner.

Mr. B. K. Roy,
Ms. R. Datta
…for the State.

Petitioner is in custody for 90 days. It is submitted that

the incident occurred 11 years ago and investigation is complete.

Learned counsel appearing on behalf of the State opposes

the prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations in the light of the

submission that the incident occurred 11 years ago and as the

statutory presumption under Section 113 A of the Evidence Act

is not attributed to the facts of the case and in view of period of

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

to the petitioner.

Accordingly, the petitioner is directed to 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 Chief Judicial Magistrate, Serampore,

Hooghly subject to the condition that during bail he shall appear

before the learned trial court regularly till disposal of the trial

and he 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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