September 6, 2017. C.R.M. No. 8538 of 2017
In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
August 25, 2017 in connection with Daspur Police Station Case No. 65 of 2017 dated
March 2, 2017 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3
4 of the Dowry Prohibition Act.
In the matter of: Santu Malik @ Sanu Malik
Mr. Prabir Kumar Mitra,
Mr. Pinak Kumar Mitra,
Ms. Ujjaini Chatterjee
…for the petitioner.
Mr. Saswatagopal Mukherjee,
Mr. Partha Pratim Das
…for the State.
Heard the learned advocates appearing on behalf of the respective parties.
The petitioner is seeking bail in connection with a case relating to offences
punishable under Sections 498A/304B/34 of the Indian Penal Code and Sections 3 4 of
the Dowry Prohibition Act.
Learned counsel for the petitioner submits that the petitioner is in custody for 200
days and the charge-sheet has been submitted. Learned counsel for the petitioner further
submits that the co-accused persons are on bail.
Learned counsel for the State opposes the prayer for bail.
Having considered the case diary and the materials on record, and, particularly, when the charge-
sheet has been submitted and the petitioner is in custody for 200 days and the co-accused persons are on bail,
we are of the opinion that further detention of the accused/petitioner is not necessary.
Accordingly, the accused/petitioner be released on bail upon furnishing a bond of Rs
.10,000/- with two sureties of like amount, one of whom must be local, having sufficient
immovable property, to the satisfaction of the learned Chief Judicial Magistrate, Paschim
Medinipur, on conditions that after being released on bail, the accused/petitioner shall not
tamper with the evidence and make any inducement or threat to any person acquainted with
the facts of the case and he shall attend the court below on each and every occasion unless
prevented by sufficient cause, failing which the learned court below shall be at liberty to
cancel the bail of the petitioner without any further reference to this Court.
This application for bail is, thus, allowed.
(Rajiv Sharma, J.)
(Md. Mumtaz Khan, J.)