C.R.M. 12503 of 2017
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 04.12.2017 in connection with Falakata Police
Station Case No. 322 of 2017 dated 13.11.2017 under Sections
498A/304B of the Indian Penal Code.
In Re : Bhabesh Sutradhar …… petitioner
Mr. Arijit Ghosh
…..for the petitioner
Mr. Binay Panda,
Ms. Puspita Saha
….for the State
It is submitted by the learned Counsel appearing for the petitioner
that he is in custody for 57 days. It is further submitted that he has been
falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for bail.
Having considered the materials in the case diary and bearing in
mind the nature of allegations and the period of detention suffered by the
petitioner, 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,
one of whom must be local, to the satisfaction of the learned Additional
Chief Judicial Magistrate, Alipurduar, and on condition that he shall not
intimidate the witnesses or tamper with 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.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)