In Re:- Debabrata Biswas @ Mejo vs Re: An Application For Bail Under … on 16 May, 2017

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60 16.5.2017

C.R.M. No. 4294 of 2017
p.d.

In re:- Debabrata Biswas @ Mejo …. Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 5.5.2017 in connection with
Krishnagunj Police Station Case No.97/2017 dated 22.3.2017 under Sections 498A/326/307/34 of the Indian
Penal Code.

Mr. Prabir Majumder,
Mr. Snehansu Majumder … For the petitioner.

Mr. Palash Ch. Majhi … For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is the brother-in-law of the victim housewife, who

is in custody for 54 days.

This case is based on the dying declaration of the victim

housewife recorded by the investigating officer of the case in presence of

her attending Doctor. Although there is no iota of allegation against the

petitioner in the said dying declaration and all allegations are directed

against the husband for setting her on fire and further allegation against

the parents-in-law for torturing her but still Mr. Palash Chandra Majhi,

the learned Counsel for the State opposes the prayer for bail on the

ground that investigation has not been completed.

We are not inclined to consider such unreasonable submission

made by the learned Counsel for the State and we are of the opinion that

this is a fit case for grant of bail to the petitioner.

Accordingly, 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

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Judicial Magistrate, Krishnagar, Nadia.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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