C.R.M. 6553 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 23.07.2019 in connection with Balurghat
Police Station Case No. 349 of 2018 dated 23.10.2018 under Sections
498A/Section304B/Section302/Section34 of the Indian Penal Code.
In Re : Amal Deb @ Amal Kumar Deb …… petitioner
Mr. Sayan De,
Ms. Srimoyee Mukherjee
…..for the petitioner
Mr. S. G. Mukherjee, learned P.P.,
Ms. Amita Gaur
….for the State
It is submitted by the learned Counsel appearing for the
petitioner that he is in custody for 136 days and that investigation is
complete. Co-accused persons are on regular bail.
Learned Counsel appearing for the State opposes the prayer for
bail and submits that the victim housewife suffered unnatural death
due to hanging within one year of marriage.
Having considered the materials on record and bearing in mind
the nature of allegations and in view of the period of detention suffered
by the petitioner and as investigation is complete, we are inclined to
grant bail to the petitioner.
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 Chief Judicial Magistrate, Dakshin Dinajpur, subject to
condition that he 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 he fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel his bail
automatically without further reference to this Court.
The application for bail is, accordingly, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)