An Application For Bail Under … vs In Re.: Jinnat Sk. @ Jinnat Ali Sk on 3 July, 2017

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41.
03.07.2017

.

ap C.R.M. 6168 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 29.06.2017 in connection with
Beldanga Police Station Case No. 140 of 2016 dated 25.03.2016
under
Sections 498A/366/376/34 of the Indian Penal Code.

And

In re.: Jinnat Sk. @ Jinnat ali Sk. . ……… Petitioner

Mr. Arnab Chatterjee. … for the petitioner

Mr. Koushik Biswas. …. for the State

Heard the learned counsel appearing on behalf of the parties.

Perused the case diary.

The petitioner is in custody for 88 days. He happens to be the

father-in-law of the de facto complainant.

This is a case, where FIR was registered pursuant to an order

passed under Section 156(3) CrPC. After registration of the FIR, her

statement was recorded both under Section 161 CrPC as also under

Section 164 CrPC.

Going through the same, we find that at every stage different

statement has been made by the victim lady.

Now, considering the facts as above and the petitioner’s length

of detention in custody and when the principal accused, namely, the

husband is on statutory bail and two other co-accused persons are

on bail and when no case is made out from the side of the State

showing that further custodial detention of the petitioner is
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necessary even after submission of the charge-sheet or if the

petitioner is released on bail, he is likely to abscond, we allow his

prayer for bail.

Let the petitioner be released on bail upon furnishing a bond of

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Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must

be local, to the satisfaction of the Learned Chief Judicial Magistrate,

Berhampore, Murshidabad.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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