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Judgments of Supreme Court of India and High Courts

7.10.2019 Under Sections … vs In Re: Gautam Shil on 21 January, 2020

1

21.01.2020

Sl. No.153
akd
[ALLOWED]
C. R. M. 762 of 2020

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
17.01.2020 in connection with Deganga Police Station Case No. 599 of 2019 dated
07.10.2019 under Sections 498A/306/304B of the Indian Penal Code.

And

In Re: Gautam Shil
… … Petitioner
Mr. Asis Bhattacharyya .. Advocate
… … for the petitioner

Mr. Tanmay Kumar Ghosh .. Advocate
Mr. Pradipta Ganguly .. Advocate
… … for the State

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/306/304B of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 110 days

and investigation is complete. It is further submitted that he has been falsely implicated in

the instant case.

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

victim committed suicide within one year of marriage due to torture over demands of

dowry.

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 of the opinion that further detention of the

accused/petitioner is not necessary.

2

Therefore, the accused/petitioner, namely Gautam Shil, be released on bail

upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of

like amount each, one of whom must be local, to the satisfaction of the learned Chief

Judicial Magistrate, North 24-Parganas at Barasat subject to condition that the said

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 for bail, thus, stands allowed.

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

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