Chanchal Biswas @ Chonchal Biswas vs Unknown on 20 September, 2017

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S/L. 5.

September 20, 2017. C.R.M. No. 8653 of 2017
MNS.

In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
August 29, 2017 in connection with Jalangi Police Station Case No. 604 of 2012 dated
August 19, 2012 under
Sections 498A/326/307 of the Indian Penal Code, 1860 and
charge-sheet submitted under
Sections 498A/307/326/304(B) of the Indian Penal Code.

And

In the matter of: Chanchal Biswas @ Chonchal Biswas

…petitioner.

Mr.Tapodip Gupta,
Mr. Partha Sarathi Mondal,
Mr. Pradip Kumar Kundu
…for the petitioner.

Ms. Zareen N Khan,
Ms. Trina Mitra
…for the State.

Heard the learned counsel appearing on behalf of the respective parties.

The accused/petitioner is seeking bail in connection with a case relating to offences
punishable under
Sections 498A/326/307 of the Indian Penal Code, 1860 and charge-sheet
submitted under
Sections 498A/307/326/304(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody for more
than one thousand days and his further detention is not required.

Learned counsel for the State while opposing the prayer of the petitioner submits
that the trial is on the verge of completion and only Doctor and Investigating Officer are yet
to be examined and the petitioner is the husband of the victim and as such the prayer for bail
of the petitioner may not be considered at this stage.

Having considered the submissions made on behalf of the respective parties and also considering
the facts and circumstances of the case and the nature and gravity of the offence and the materials available in
the case diary, we are of the opinion that it is not a fit case for granting bail to the petitioner.

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Accordingly, the prayer for bail of the petitioner is rejected at this stage.

The application for bail is, thus, disposed of.

(Rajiv Sharma, J.)

(Md. Mumtaz Khan, J.)

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