CRM No. 8293 of 2017
Re : An application for bail under Section 439 of the Code of Criminal
Procedure affirmed on 21.08.2017 in connection with Nanoor P.S. Case
No.109 of 2017 dated 16.06.2017 under Sections 498A/302/304B/34 of the
Indian Penal Code.
In Re : Manowar Sk. …Petitioner.
Mr. Sujoy Sarkar ..for the Petitioner
Mr. Bidyut Roy
Mrs. Rita Dutta ..for the State
Heard the learned Counsel appearing for the respective parties and
perused the case diary.
The petitioner is in custody for 79 days.
It is submitted by the learned Advocate appearing on behalf of the
petitioner that FIR has been lodged in this case 90 days after the incident. It
is also submitted by him that the petitioner being the stepson as also
considering the role attributed to the petitioner in commission of offence,
he is entitled to be enlarged on bail at this stage.
It is submitted by the learned State Advocate that though the father
of the petitioner is the principal accused in this case, considering the
statement of the petitioner recorded under Section 161 of the Cr.P.C., bail
should not be granted to him.
After perusal of the materials in the case diary and after considering
the statement made by the petitioner under Section 161 of the Cr.P.C. as
also the role attributed by the petitioner, we are inclined to allow his prayer
for granting bail.
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,
The application for bail accordingly stands disposed of.
(Debasish Kar Gupta, J.)
(Ashis Kumar Chakraborty, J.)