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11.07.19

Sl. No.173
akd
[ALLOWED]
C. R. M. 4641 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
30.05.2019 in connection with Dhubulia Police Station Case No. 70 of 2018 dated
21.03.2018 under Sections 498A/Section326/Section307/Section34 of the Indian Penal Code.

And

In Re: Sujabul Saikh Anr.

… … Petitioners

Mr. Sumanta Das .. Advocate
… … for the petitioners

Mrs. Sukanya Bhattacharyya .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State

The petitioners are seeking bail in connection with a case relating to offences

punishable under Sections 498A/Section326/Section307/Section34 of the Indian Penal Code.

Petitioner no.1 is in custody for about 435 days and petitioner no.2 is in custody

for about 195 days. It is submitted on behalf of the petitioners that there is hardly any

possibility of the trial concluding in the near future.

Learned Counsel for the State opposes the prayer for bail and submits that the

petitioners tried to set the housewife on fire. He further submits that date for recording of

prosecution evidence has been fixed.

We have considered the materials on record. Although the allegations are

serious, keeping in mind the protracted period of detention suffered by the petitioners and

as the possibility of the trial concluding in the near future is bleak, we are of the opinion

that further detention of the accused/petitioners is not necessary.
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Therefore, the accused/petitioners, namely (1) Sujabul Saikh (2) Murshida

Bibi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand

only) each, with two sureties of like amount each, one of whom must be local, to the

satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to

condition that the said petitioners shall appear before the trial court on every date of

hearing until further orders and shall not intimidate witnesses or tamper with evidence in

any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel their bail automatically without reference to this

court.

The application for bail, thus, stands allowed.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)