CRM 5859 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Bizpore P.S. Case No.256
of 2018 dated 02.05.2018 under Sections
498A/354C/376B/307/309/109/34 of the Indian Penal Code.
In the matter of : Mainak Ghosh
Mr. Debasis Kar, Adv.
Mr. Shyamal Krishna Deb, Adv.
….. For the Petitioner
Mr. Rana Mukherjee, Adv.
Ms. Sukanya Bhattacharya, Adv.
….. For the State
Mr. A. Sarkar, Adv.
….. For de facto complainant
It is submitted on behalf of the petitioner that he is in custody
for 56 days. It is further submitted that he has been falsely
implicated in the instant case.
Learned Advocate for the State opposes the prayer for bail.
Learned Advocate for the de facto complainant opposes the
prayer for bail.
We have considered the materials on record. We find that there
is delay in lodging the FIR in regard to the alleged incident of
misbehaviour by the petitioner with his wife. In view of the aforesaid
fact and bearing in mind the period of detention suffered by him, we
are inclined to grant bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on
bail upon furnishing a bond of Rs.10,000/-( Rupees Ten Thousand
only) with two sureties of like amount, one of whom shall be local, to
the satisfaction of the learned Additional Chief Judicial Magistrate,
Barrackpore, North 24 Parganas on condition that he shall not
intimidate the witnesses and/or tamper with evidence in any manner
whatsoever. He shall appear before the trial Court on every date of
hearing and in the event he fails to do so, the trial Court shall be at
liberty to cancel his bail without further reference to this Court.
The application for bail is, thus, allowed.
Urgent Photostat certified copy of this order, if applied for, be
delivered to the learned advocates for the parties, upon compliance of
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)