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498A/304B/34 Of The Indian Penal … vs In Re on 14 September, 2018

1

14.09.2018
02

Allowed
md.

CRM No. 7509 of 2018
Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 7.9.2018 in connection with Burwan Police
Station Case No. 119 of 2018 dated 18.04.2018 under Sections
498A/304B/34 of the Indian Penal Code and 3 /4 D.P. Act.

And
In Re:-

Chandan Let @ Bapi Let
… Petitioner
Mr. Manas Kumar Das, Advocate
..for the Petitioner

Mr. Anwar Hossain, Advocate
Ms. Benajir Hasna, Advocate
.. for the State

The petitioner seeks bail in connection with Burwan Police Station

Case No. 119 of 2018 dated 18.04.2018 under Sections 498A/304B/34 of

the Indian Penal Code and 3/4 D.P. Act.

The petitioner has been in custody for 148 days in connection with

the unnatural death of the petitioner’s wife who, according to the

petitioner, committed suicide at her paternal house.

The State produces the case diary and says that the petitioner has

a minor child who is being looked after by the parents of the petitioner’s

deceased wife.

Since the charge-sheet has been filed and there may not be any

need for the further custodial interrogation of the petitioner, the

petitioner may be entitled to bail subject to the petitioner paying Rs.

1
2

4,000/- per month as maintenance to his child by the 20th of each month

beginning September 20, 2018. In default of such payment, the de facto

complainant and the State will be entitled to seek cancellation of the

petitioner’s bail.

Accordingly, the petitioner is directed to be released on bail upon

furnishing a bond of Rs.10,000/- with two sureties of like amount, one of

whom must be local, to the satisfaction of the Additional Chief Judicial

Magistrate, Kandi, Murshidabad, on condition that he shall not

intimidate the witnesses or tamper with the evidence in any manner

whatsoever and he shall appear before the trial court on every date of

hearing and in the event he fails to do so, the trial court shall be at

liberty to cancel his bail without further reference to this Court.

The application for bail is, accordingly, allowed.

A certified copy of this order be immediately made available to the

petitioner subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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