AB Court 28
C.R.M. 862 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Chakdah P.S. Case
No.412 of 2017 dated 10.7.2017 under Sections 498A/302/34
of the Indian Penal Code
In the matter of : Harinath Biswas
Mr. Shibaji Kr. Das …for the Petitioner.
Mr. S.G.Mukherjee, Ld. PP,
Mr. Partha Pratim Das…for the State.
It is submitted on behalf of the petitioner that he is in
custody for more than 197 days and that he has been falsely
implicated in the instant case. It is further submitted that the
victim died due to suicidal hanging.
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 in the light of the
aforesaid submission made on behalf of the petitioner and the
period of detention suffered by the petitioner, we are of the
opinion that further detention of the petitioner is not necessary.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing bond of Rs.10,000/-(Rupees
Ten Thousand only) with two sureties of like amount, one of
whom shall be local, to the satisfaction of the learned Additional
Chief Judicial Magistrate, Kalyani on condition that he shall
appear before the trial court on every date of hearing and shall
not intimidate witnesses nor tamper with evidence in any
In the event the petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel his bail without
further reference to this Court.
The application for bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)