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Sanjit Biswas & Ors vs Unknown on 30 January, 2018

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29 30.01.2018

C.R.M. 768 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure
(Allowed) filed on 25.01.2018 in connection with Samuktala Police Station Case No. 318/2017
dated 04.12.2017 under Sections 498A/306 of the Indian Penal Code.

And

In the matter of: Sanjit Biswas Ors.

….petitioner
Ms. Suchitra Sinha Chatterjee, Adv.

Mr. Arijit Ghosh, Adv.

…for the petitioner
Mr. Bidyut Kr. Roy, Adv.

Miss. Rita Datta, Adv.

…for the State

The petitioners are in custody for 44 days and it is submitted that the victim

suffered accidental burns.

Learned lawyer for the State opposes the prayer for bail.

We have considered the materials in the case dairy including the noting in the

medical papers which speak of “accidental burn injury”. In view of the aforesaid fact

and bearing in mind the period of detention suffered by the petitioners, we are of the

opinion that further detention may not be necessary and petitioners may be granted

bail.

Accordingly, we direct that the petitioners shall be released on bail upon

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

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

Additional Chief Judicial Magistrate, Alipurduar, subject to condition that the

petitioners shall appear before the trial court on every date of hearing and shall not

intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event, the petitioners fail to appear before the trial court, the trial court

shall be at liberty to cancel the bail of the petitioners without further reference to this

court.

The application for bail is, thus, allowed.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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