C.R.M. 3010 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.05.2018
in connection with Kulti P.S. Case No. 182/17 dated 02.05.2017 under Sections 498A/304B/120B/406 of
(Allowed) the Indian Penal Code and Sections 3 and 4 of D.P. Act.
Tapas Borat @ Tapas Barat
The State of West Bengal
Mr. Debasish Roy, Adv.
Mr. A. Ghotak, Adv.
Mr. I. Dey, Adv.
Mr. R. Poddar, Adv.
…for the petitioner
Mr. Rana Mukherjee, Adv.
Mr. I. Kabir, Adv.
…for the State
Petitioner is in custody for 152 days and it is submitted that he has been
falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail.
We have considered the materials on record and bearing in mind the
period of detention of the petitioner and the fact that the report of the hand
writing expert does not support the fact that the victim had executed the suicide
note, we are inclined in granting bail to the petitioner.
Accordingly, the petitioner shall be released on bail upon furnishing
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, Asansol, Burdwan, on condition that he shall appear before the trial
court on every date of hearing and shall not intimidate witnesses and/or tamper
with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel his bail in
accordance with law without further reference to this court.
The application for bail is, thus, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)