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32 05.06.2018
AB Court 28
C.R.M. 3287 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Ashokenagar P.S. Case
No.35 of 2018 dated 18.01.2018 under Sections 498A/304B of
the Indian Penal Code
And
In the matter of : Subhan Chakraborty
…Petitioner.
Mr. Biplab Roy,
Ms. Rashmi Roy …for the Petitioner.
Mr. Rana Mukherjee,
Mr. Arindam Sen …for the State.
It is submitted on behalf of the petitioner that he is in
custody for 135 days and it is further submitted that he has
been falsely implicated in the instant case. It is also submitted
that other co-accused persons are on bail.
Learned counsel appearing for the State opposes the
prayer for bail.
We have considered the materials in the case diary and
we find that the victim housewife had committed suicide within
six years of marriage. The materials collected in the course of
investigation do not disclose any suicidal note.
Bearing in mind the period of detention suffered by the
petitioner and the fact that investigation is complete and other
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co-accused persons are on bail, we are inclined to extend similar
relief to the petitioner also.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a 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 Chief
Judicial Magistrate, North 24 Parganas at Barasat 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 manner whatsoever.
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
legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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