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25.06.2018
38
sdas
Rejected
C.R.M. 4122 of 2018
In Re.: An application under Section 439 of the Code of Criminal
Procedure filed on 22.06.2018 in connection with Khargram Police
Station Case No. 87 of 2018 dated 10.04.2018 under Sections
498A/304B/302/34 of the Indian Penal Code.
And
In Re : Mujibar Rahman Khan @ Titon Anr. ….. petitioners
Mr. Pratip Kumar Chatterjee
… for the petitioners
Mr. S. G. Mukherjee, learned P.P.,
Mr. Partha Pratim Das
… for the State
Learned Counsel appearing for the petitioners submits that the
petitioners are in custody for 68 days and they are falsely implicated
in the instant case. It is further submitted that the victim suffered
from depression and had attempted to commit suicide earlier.
Learned Counsel appearing for the State opposes the prayer for
bail.
Having considered the materials on record we find that the
victim had committed suicide within two years of her marriage. There
are statements connecting the petitioners with the torture of the victim
housewife. From the medical report annexed to the petition we do not
find any material showing that the victim was suffering from mental
depression. On the other hand, the fact that the victim attempted to
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commit suicide earlier probabilises the allegation of continued torture
on her.
In view of the aforesaid facts and that the investigation is still
in progress, we are not inclined to grant bail to the petitioners at this
stage.
The application for bail is, thus, rejected.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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C.R.M. 192 of 2018
In Re.: An application under Section 439 of the Code of Criminal
Procedure filed on 05.01.2018 in connection with Karimpur
Police Station Case No. 136 of 2012 dated 03.07.2012 under
Sections 420/467/468/471/120B of the Indian Penal Code.
And
In Re : Rabish Kumar Upadhyay ….. petitioner
Mr. Asraf Ali
… for the petitioner
Mr. Debojyoti Deb
… for the State
Having considered the materials on record prima facie
disclosing involvement of the petitioner in the alleged crime of
misappropriation of monies of the innocent depositors and the
fact that the petitioner has absconded for a protracted period of
time, we are not inclined to grant bail to the petitioner at this
stage.
The application for bail is, thus, rejected.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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