An Application For Bail Under … vs In Re: Soumen Chowdhury on 12 September, 2017

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45.
12.09.2017

.

ap C.R.M. 8936 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 05.09.2017 in connection with
Jalangi Police Station Case No. 287 of 2017 dated 07.04.2017 under
Sections 498A/302/304B/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act.

And
In re: Soumen Chowdhury. … Petitioner
Mr. Rajdeep Majumder,
Mr. Pritam Roy,
Ms. Sayanti Poddar,
Mr. Abir Neogi. …… for the petitioner

Mr. Anwar Hossain,
Mrs. Benazir Hasna. …. for the State

Heard the learned counsel appearing on behalf of the

respective parties. Perused the case diary.

The petitioner is in custody for 92 days. Charge-sheet has

already been submitted.

It is submitted by the learned Advocate appearing on behalf of

the petitioner that before submitting the charge-sheet, the similar

prayer of the petitioner was rejected by a co-ordinate Bench of this

Court by an order dated August 4, 2017 passed in C.R.M. No.7497 of

2017. It is further submitted by him that though initially the case

was lodged for commission of the offence under Sections

498A/302/304B/34 of the Indian Penal Code read with Sections 3/4

of the Dowry Prohibition Act, the charge-sheet has been submitted

under Sections 498A/304B/34 of the Indian Penal Code. It is also
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submitted by him that the petitioner is working in Armed Force and

he is posted in Jabbalpur.

Our attentions have not been drawn by the learned State

Advocate towards any materials showing necessity of further

custodial detention of the petitioner even after submission of the

charge-sheet or that in the event, the petitioner is enlarged on bail,

he is likely to abscond. Therefore, we are inclined to allow the prayer

of the petitioner for granting bail.

Let 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 Chief Judicial Magistrate,

Murshidabad subject to the condition that after release, the

petitioner shall attend the court on each and every date of the

hearing of the trial and in case of any single default, his bail shall

stand cancelled automatically without further reference to this

Court.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J.)

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