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.
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
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.
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
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.)