CRM 1530 of 2019
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Monteswar Police Station
Case No.304 of 2018 dated 03.12.2018 under Sections
498A/302/34 of the Indian Penal Code.
In the matter of : Uttam Ghosh Anr.
Mr. S.S. Imam, Sr. Adv.
Mr. Prabir Kumar Das, Adv.
Ms. Shaika Khan, Adv.
Ms. Urm Maria Sami, Adv.
….. For the Petitioners
Mr. S.G. Mukherjee, Adv.
Ms. Amita Gaur, Adv.
….. For the State
The learned Advocate appearing on behalf of the petitioner
submits that victim (since deceased) was married to the son of the
petitioners about 17 years ago. He further submits that although it is
alleged by the de facto complainant/father of the victim lady that the
accused had tortured the victim for last 17 years, there is no material
forthcoming to suggest that any complaint was lodged from their end
in all the years. He contends that the main allegations are against
the husband of the victim and there is hardly anything against the
present petitioners that could warrant their further detention in
custody. He submits that the petitioners are in custody for 63 days
in connection with the present case.
The learned Advocate for the State submits that the statements
recorded under Section 161 make out a prima case against the
present petitioners. She also refers to the statement of the minor
daughter of the victim recorded under Section 164 CrPC.
It appears from the statement of the minor daughter of the
victim recorded under Section 164 CrPC that the husband of the
victim was the main perpetrator of the crime and there was some
instigation done by the present petitioner no.2.
We have heard the submissions of the learned Counsels
appearing for the parties and have perused the case diary.
Having considered the materials available in the case diary,
while we are inclined to grant bail to the petitioner no.1 we do not
think it is a fit case to grant bail to the petitioner no.2.
Accordingly, we direct that the petitioner no.1 shall be released
on bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand
only) with two sureties of like amount each, one of whom shall be
local, to the satisfaction of the learned Additional Chief Judicial
Magistrate, Kalna on condition that he shall make himself available
to the investigating officer as and when required. He shall not
intimidate the witnesses and/or tamper with evidence in any manner
whatsoever and he shall appear before the trial Court on every date of
hearing and in the event he fails to do so, his bail shall stand
automatically cancelled without any further reference to this Court.
However, the prayer for bail of the petitioner no.2 is rejected.
The application for bail is, accordingly, disposed of.
Urgent Photostat certified copy of this order, if applied for, be
delivered to the learned Advocates for the parties, upon compliance of
(Jay Sengupta, J.) (Md. Mumtaz Khan, J.)