C.R.M. 2196 of 2018
In Re:- An application under Section 439 of the Code of Criminal
Procedure filed on 04.05.2018 in connection with Balurghat Police
Station Case No. 113 of 2018 dated 26.03.2018 under Sections
498A/326/307//34 of the Indian Penal Code and added Section 302 of
the Indian Penal Code.
In Re : Shyam Sundar Mahanta @ Manoj …… petitioner
Ms. Swarnali Chatterjee
…..for the petitioner
Ms. Sukanya Bhattacharya,
Mr. Arindam Sen
….for the State
Leave is granted to the learned Counsel appearing for the
petitioner to correct the cause title in course of the day.
It is submitted by the learned Counsel appearing for the
petitioner that he is in custody for 46 days and it is further submitted
that victim suffered accidental burn injuries and died.
Learned Counsel appearing for the State opposes the prayer for
Having considered the materials in the case diary and bearing in
mind the nature of allegations in the light of dying declaration of the
victim as appearing from page no. 29 of the case diary which speaks of
accidental burns, we are of the opinion that further detention of the
petitioner may not be necessary in the facts of the case.
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
Chief Judicial Magistrate, Dakshin Dinajpur on further condition that
he shall meet the investigating officer once in a week until further
orders. 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
The application for bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)