Calcutta High Court (Appellete Side)

498A/376/511/506/406/34 Ipc vs In Re : Amiyo Biswas & Anr on 29 February, 2024

29.02.2024
tkm/ct 28 C.R.M. (DB) 568 of 2024
sl no. 67
In Re : An application for bail under
section 439
Cr.P.C in connection
with Kotwali PS case no. 1293 of 2023 dated 30.12.2023 under
section
498A
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IPC

And
In Re : Amiyo Biswas & Anr. ........ petitioners

Mr. Amanul Islam
Mr. Sourav Mukherjee
...... for the petitioners
Mr. Arijit Ganguly
Ms. Yantika Roy
...... for the State
Mr. Kalyan Kr. Bhattacharjee
Ms. Sahina Khatun
...... for the de facto complainant

1.
Petitioners are in custody for 57 days. There is delay in

lodging FIR. They pray for bail.

2. Learned lawyer for the State and the de facto complainant

oppose the bail prayer.

3. We have considered the materials on record. Statement of the

victim implicates petitioner no. 2 in the offence of attempting to

rape her. Hence, we are not inclined to grant bail to him.

4. Allegations against petitioner no. 1-husband are general and

omnibus. Keeping in mind the extent of complicity of petitioner no.

1 in the crime, we are inclined to grant bail to him.

5. Accordingly, the petitioner no. 1 viz. Amiyo Biswas 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 Nadia at Krishnagar on condition

that the petitioner no. 1 shall appear before the trial court on every
date of hearing and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

6. 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.

7. The application being CRM (DB) 568 of 2024 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)