tkm/ct 28 C.R.M. 1383 of 2019
sl no. 45
In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 31.1.2019 in connection with New Town P.S Case No.
547 of 2018 dated 20.12.2018 under sections 498A/323 of the Indian
Penal Code added section 307 of the Indian Penal Code
In Re : Shirshendu Pal …… petitioner
Mr. Debasis Roy
Mr. P. K. Ghosh
Mr. Biswajit Manna
…… for the petitioner
Zareen N. Khan
Md. Kutub uddin
…… for the State
Mr. Hindol Nandi
…… for the de facto complainant
Heard the learned advocates appearing for the respective
Petitioner is in custody for about 32 days and it is submitted
that he has been falsely implicated in the instant case due to long-
standing matrimonial dispute.
Learned lawyer for the State opposes the prayer for bail and
submits that the petitioner had assaulted his wife on earlier
occasion resulting in registration of New Town P.S case no 254/16
dated 15.5.2016. It is further submitted that the petitioner has an
illicit relationship and subjected the de facto complainant/wife to
undue torture and harassment.
Learned lawyer for the de facto complainant also opposes the
prayer for bail and submits that the petitioner is threatening even
while he is in custody.
We have considered the materials on record. We note that
there is an earlier criminal case registered against the petitioner at
the behest of the de facto complainant/wife. It is alleged that the
petitioner has indulged in similar offence while on bail. On the
other hand, it is submitted that the subsequent case has been
instituted against the petitioner in order to harassing him since he
is on bail in the earlier case.
Keeling in mind the rival versions of the parties and bearing
in mind the nature of allegations, we are of the opinion though
further detention of the petitioner may not be necessary, his
movements require to be restricted in order to instill confidence in
the mind of the de facto complainant/wife and other witnesses.
Accordingly, 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
CJM, Barasat on condition that the petitioner shall appear before
the trial court on every date of hearing and shall not intimidate
witnesses or tamper with evidence in any manner whatsoever and
on further condition that the petitioner shall not enter the
jurisdiction of New Town P.S until further orders and shall provide
the address where he shall presently reside to the investigating
officer as well as the court below and shall report to the officer in
charge of the police station within whose jurisdiction he shall
reside once in a week until further orders.
In the event he fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel his bail
automatically without reference to this court.
The application being CRM 1383 of 2019 is disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)