Calcutta High Court (Appellete Side)
4.7.2021 Under Section 365 Ipc Adding ... vs Allowed In Re : Dulal Roy on 11 July, 2022
11.07.2022 tkm/ct 28 C.R.M. (DB) 2230 of 2022 sl no. 53 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chhatna P.S Case no. 68 of 2021 dated 14.7.2021 under section 365 IPC adding sections 302/201 of the IPC And Allowed In Re : Dulal Roy ........ petitioner Mr. Soumik Ganguly Mr. S Nandy ...... for the petitioner Ms. Z N Khan Mr. Ashok Das ...... for the State Petitioner is in custody for 360 days. It is submitted on behalf of the petitioner that he had love affair with the victim lady. As marriage could not fructify, both consumed poison. Ultimately the victim died.
Learned lawyer for the State opposes the prayer for bail and submits petitioner pretended to commit suicide and induced the victim to consume poison. Statements of doctors corroborate such fact.
We have considered the materials on record. Medical documents show petitioner was admitted to hospital with a history of poisoning. However, statements of doctors portray a contrary picture. As oral statements of medical personnel run counter to the entries in the medical reports relating to the petitioner.
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, Bankura on condition that the petitioner shall appear before 2 the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
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 (DB) 2230 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)