498A/304B Of The Indian Penal Code vs In Re : Bhabesh Sutradhar on 9 January, 2018



C.R.M. 12503 of 2017

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 04.12.2017 in connection with Falakata Police
Station Case No. 322 of 2017 dated 13.11.2017 under
304B of the Indian Penal Code.


In Re : Bhabesh Sutradhar …… petitioner

Mr. Arijit Ghosh
…..for the petitioner

Mr. Binay Panda,
Ms. Puspita Saha
….for the State

It is submitted by the learned Counsel appearing for the petitioner

that he is in custody for 57 days. It is further submitted that he has been

falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing in

mind the nature of allegations and the period of detention suffered by the

petitioner, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail

upon furnishing a bond of Rs.10,000/- with two sureties of like amount,

one of whom must be local, to the satisfaction of the learned Additional

Chief Judicial Magistrate, Alipurduar, and on condition that he shall not

intimidate the witnesses or tamper with evidence in any manner

whatsoever and he shall appear before the trial court on every date of

hearing and in the event he fails to do so, the trial court shall be at liberty

to cancel his bail without further reference to this Court.

The application for bail is, accordingly, allowed.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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