An Application For Bail Under … vs In Re: Billal Sk @ Hazrat Bellal & … on 31 August, 2017

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29.
31.08.2017

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ap C.R.M. 8222 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 21.08.2017 in connection with
Beldanga Police Station Case No. 159 of 2016 dated 06.04.2016
under Sections 498A/307/34 of the Indian Penal Code, adding
Section 302 of the Indian Penal Code.

And
In re: Billal Sk @ Hazrat Bellal Anr. … Petitioners

Mr. Sandipan Ganguly. …… for the petitioners

Mr. Arun Kumar Maity, Ld. APP
Ms. Sukanya Bhattacharya. …. for the State

Heard the learned counsel appearing on behalf of the

respective parties. Perused the case diary.

The petitioner no.1 is in custody for 436 days. The petitioner

no.2 was arrested subsequent to submitting of the charge-sheet on

August 31, 2016.

Having heard the learned Advocate for the respective parties as

also considering the materials in the case diary including the

statements made by the victim lady at the time of her admission in

the hospital and her dying declaration, we are not inclined to allow

the prayer of the petitioner no.1, namely, Billal Sk @ Hazrat Bellal for

granting bail and the same is rejected.

However, upon consideration of the aforesaid materials

amongst others in the case diary and considering the age of the

petitioner no.2 (80 years, who is mother-in-law of the victim girl), we
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allow the prayer for bail of the petitioner no.2, namely, Lalu Bewa @

Rajaba Bewa.

Let the petitioner no.2, namely, Lalu Bewa @ Rajaba Bewa, be

released on bail upon furnishing a bond of 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.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J.)

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