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13.03.2020
tkm/ct 28 C.R.M. 2715 of 2020
sl no. 132

In Re : An application for bail under section 439 of the Code of Criminal Procedure in
connection with Kaliyaganj P.S. Case No.290 of 2019 dated 20.11.2019 under Sections
498A/304B/406/34 of the Indian Penal Code.

And
Allowed
In Re : Joydeep Debsharma …… petitioner

Mr. N G Sarkar
Mr. D Das
…… for the petitioner

Mr. B K Roy
Ms. Rita Datta
…… for the State

Heard the learned advocates appearing for the petitioner and the State.

Petition is in custody for 112 days and it is submitted on behalf of the

petitioner that investigation is complete.

Learned lawyer for the State opposes the prayer for bail and submits that

the victim housewife committed suicide within one year of marriage. Petitioner

had an illicit relation with another lady.

Having considered the materials on record and bearing in mind the nature

of allegations we are of the opinion allegation of illicit relation may be assessed at

the appropriate stage of the proceeding in accordance with law.

However, in the facts of the circumstances of the case and the period of

detention suffered by the petitioner and as investigation is complete, we are

inclined to grant bail to the petitioner.

Accordingly, the petitioner 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
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the satisfaction of the learned CJM, Uttar Dinajpur on condition that the

petitioner shall appear before the trial court on every date of hearing until further

orders and shall not intimidate witnesses 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

reference to this court.

The application being CRM 2715 of 2020 is disposed of.

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