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498A/302/34 Of The Indian Penal … vs In Re : Sri Sanjib Haldar & Ors on 2 March, 2020

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02.03.2020
128
sdas
Allowed

C.R.M. 2180 of 2020

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 27.02.2020 in connection with Nimta
Police Station Case No. 552 of 2019 dated 10.12.2019 under Sections
498A/302/34 of the Indian Penal Code.

And

In Re : Sri Sanjib Haldar Ors. …… petitioners

Mr. Subhajit Chowdhury
…..for the petitioners

Mr. S. G. Mukherjee, learned P.P.

Ms. Amita Gour
….for the State

Learned Counsel appearing for the petitioners submits that

petitioner no. 1 is the husband of the victim housewife. He is in

custody for 81 days. Petitioners no. 2 and 3, brothers-in- law of the

victim, are in custody for about a month. Incident occurred ten years

after marriage.

Learned Counsel appearing for the State opposes the prayer for

bail and submits that the victim suffered unnatural death on the

railway track. There are allegations of torture of the victim by the

petitioners and other in-laws.

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We have considered the materials on record. We note that the

incident occurred ten years after marriage. There is no direct evidence

showing that the petitioners had murdered the victim.

In view of the facts of the case and the period of detention

suffered by the petitioners, 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, Barrackpore, subject to

condition that the petitioners shall appear before the trial court on every

date of hearing until further orders and shall not intimidate the

witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the trial court

without justifiable cause, the trial court shall be at liberty to cancel

their bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed.

(Tirthankar Ghosh, J.) (Joymalya Bagchi, J.)
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