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Uttam Adhikary & Ors vs Unknown on 5 February, 2018

1

21 05.02.2018

C.R.M. 961 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure
(Allowed) filed on 31.01.2018 in connection with Tamluk Police Station Case No.531/2017
dated 27.11.2017 under Section 498A/304B/302/34 of the Indian Penal Code and
Section 4 of the D.P. Act.

And

In the matter of: Uttam Adhikary Ors.

….petitioners
Mr. Ranadeb Sengupta, Adv.

Mr. R. Roy, Adv.

…for the petitioners
Mr. N. Ahmed, Adv.

Z.N. Khan, Adv.

…for the State

The petitioners are in custody for 71 days and it is submitted that they are the

in-laws of the victim housewife who committed suicide.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing in mind the

nature of allegations levelled against the petitioners and the period of detention

suffered by them, we are of the opinion further detention of the petitioners is not

necessary in the facts of the case and they 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 Chief

Judicial Magistrate, Purba Medinipur, subject to the condition that they 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 their bail in accordance with law without further reference

to this court.

The application for bail is, thus, allowed.

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