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19 18.5.2017
C.R.M. No.4350 of 2017
p.d.
In re:- Majrul Islam …. Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 15.5.2017 in connection with
Ranitala Police Station Case No.298/2016 dated 26.8.2016 under Sections 498A/307/313/406/34 of the Indian
Penal Code and 3 / 4 Dowry Prohibition Act.
Ms. Sreyashee Biswas,
Ms. Benajir Hasna … For the petitioner.
Mrs. Sukanya Bhattacharyya …. For the State.
Heard the learned Advocates appearing on behalf of the parties.
The petitioner is the husband, who is in custody for 28 days.
Investigation is over and charge sheet has been submitted and out of three
chargesheeted accused, two are on bail granted by the court below.
Opposing the prayer for bail, the learned Counsel for the State
submits that this petitioner absconded but she has not disputed that from
the injury report, nothing disclosed about the nature of the injuries and
the petitioner and other two co-accused, who are on bail, are standing on
the same footing.
We have gone through the case diary and having regard to the
facts, as above and considering the fact that investigation is over and
charge sheet has been submitted and the two other co-accused are on bail
and when no case is made out from the side of the State showing that
further custodial detention of the petitioner is necessary, even after
submission of the charge sheet or if he is released on bail, he is likely to
abscond, we allow his prayer for bail.
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Let the petitioner be released on bail upon furnishing a bond of
Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be
local, to the satisfaction of the learned Additional Chief Judicial Magistrate,
Lalbagh, Murshidabad.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J. )