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498A/302/304B/34 Of The Indian … vs Allowed on 14 June, 2019

1

14.06.2019
tkm/ct 42 C.R.M. 4180 of 2019
sl no. 61

In Re : An application for bail under Sectionsection 439 of the Code of
Criminal Procedure filed on 11.4.2019 in connection with Raiganj P.S
Case no. 134 of 2018 dated 19.3.2018 under Sectionsections
498A/Section302/Section304B/Section34 of the Indian Penal Code
And

Allowed
In Re : Debabrata Biswas …….. petitioner

Ms. Manasi Roy
…… for the petitioner

Mr. Saswata Gopal Mukherjee, ld PP
Ms. Amita Gaur
…… for the State

The petitioner has been implicated in a case under

Sections 498A/Section302/Section304B/Section34 of the Indian Penal Code.

The learned lawyer for the petitioner submits that

petitioner is in custody for 451 days and charge sheet has

already been submitted.

Learned lawyer appearing on behalf of the State

opposes the prayer for bail and submits that there are

allegations of torture which are revealed from the statements

of the witnesses.

Having considered the materials on record including

the case diary and the inquest report and taking into account

the long detention of the petitioner, we are inclined to release

the petitioner on bail.

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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 each, one of whom must be local,

to the satisfaction of the Learned CJM, Uttar Dinajpur at

Raiganj subject to the condition that during bail he shall

appear before the learned trial court regularly till disposal of

the trial and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

In the event the petitioner fails to comply with the

conditions as enshrined hereinbefore, it is open to the trial

court to cancel the bail without any further reference to this

Court.

Accordingly, the application for bail is allowed.

C.R.M. 4180 of 2019 is, thus, disposed of.

Urgent photostat copy of this order, if applied for, be given

to the parties upon compliance of all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)

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