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17.09.2019
309
sdas
Allowed
C.R.M. 8365 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 13.09.2019 in connection with Duttapukur
Police Station Case No. 19 of 2019 dated 07.01.2019 under Sections
498A/Section302/Section304B/Section34 of the Indian Penal Code.
And
In Re : Nurjahan Bibi Ors. …… petitioners
Mr. Kamalesh Chandra Saha
…..for the petitioners
Mr. S. G. Mukherjee, learned P.P.,
Ms. Amita Gour
….for the State
Having considered the materials on record and bearing in mind the
nature of allegations in the light of the submission made by the learned
Counsel appearing for the petitioners that they have been falsely
implicated in the instant case and as the principal accused is on regular
bail and in view of period of detention suffered by them i.e. 73 days, we
are inclined to grant bail to the petitioners.
Accordingly we direct that the petitioners shall be released on bail
upon furnishing a bond of Rs.10,000/- each with two sureties of like
amount each, one of whom must be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Barasat, subject to condition that
they shall appear before the trial court on every date of hearing until
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further orders and shall not intimidate the witnesses and/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 further reference to this Court.
The application for bail is, accordingly, allowed.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)