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04.05.2018
89
sdas
Allowed
C.R.M. 1983 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 03.05.2018 in connection with Chapra
Police Station Case No. 01 of 2018 dated 01.01.2018 under Sections
498A/304B/302/120B/34 of the Indian Penal Code.
And
In Re : Madan Gopal Ghosh @ Madan Ghosh …… petitioner
Mr. Raju Mondal
…..for the petitioner
Mr. Sudip Ghosh,
Mr. Bitasok Banerjee
….for the State
It is submitted by the learned Counsel appearing for the
petitioner that the petitioner is in custody for 110 days and it is further
submitted that the petitioner is the father-in-law of the victim housewife
and he is not the principal assailant.
Learned Counsel appearing for the State opposes the prayer for
bail and submits that the victim was killed by her husband.
Having considered the materials on record and bearing in mind
the extent of complicity of the petitioner in the alleged crime and that
the period of detention suffered by the petitioner and the fact that the
investigation is complete, we are of the opinion that further detention of
the petitioner may not be necessary in the instant case.
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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
Chief Judicial Magistrate, Krishnagar, 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.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)