Penal Code And Sections 3 & 4 Of … vs In Re:- Naba Kumar Bangal on 1 September, 2017

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36 1.9.2017

C.R.M. No.8270 of 2017
p.d.

Re: An application for bail under Section 439 Cr.P.C. affirmed on 21.8.2017 in connection with
Bishnupur Police Station Case No.58/2017 dated 27.3.2017 under Sections 498A/304B/34 of the Indian
Penal Code and Sections 3 4 of Dowry Prohibition Act.

– And –

In re:- Naba Kumar Bangal …. Petitioner.

Mr. Sukdeb Chatterjee … For the petitioner.

Mr. Shataroop Purkayastha …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is in custody for 150 days. The charge sheet has

already been submitted but the charge is yet to be framed.

It is submitted by the learned Advocate appearing on behalf of

the petitioner that out of four chargesheeted accused persons, two of

them obtained pre-arrest bail and one co-accused person obtained bail

from a Co-ordinate Bench of this Court. It is further submitted by him

that further custodial interrogation of the petitioner is not required even

after submission of the charge sheet.

Our attention has been drawn by the learned Advocate for the

State towards the statements made by the neighbouring people, which

are at pages 38, 39 and 40 of the case diary in support of his submission

that further custodial detention of the petitioner is required.

On perusal of the aforesaid statements of the neighbouring

people made under Section 161 Cr.P.C., we do not find that the
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petitioner stands on the different footing with the other co-accused

persons.

Our attention has not been drawn by the learned Advocate for the

State towards any other materials on record to show that further

custodial detention of the petitioner is required or that in the event bail

is granted in favour of the petitioner, he is likely to abscond.

In view of the above, we are of the opinion that this is a fit case for

granting bail in favour of the petitioner.

Accordingly, we allow the petitioner’s prayer for bail.

The petitioner 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 Additional Chief Judicial

Magistrate, Bishnupur, Bankura.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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