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127 11.05.2018
rkd Ct. No.28 C.R.M. 2367 of 2018
(Allowed)
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 08/05/2018 in connection with
Duttapukur P.S. Case No. 954 of 2017 dated 17/11/2017
under Sections 498A/304B/34 of the Indian Penal Code.
And
In the matter of: Jhumpa Mazumdar @ Jhuma
….petitioner.
Mr. B. Roy,
Ms. R. Roy
…for the petitioner.
Mr. D. Bhattacharjee
…for the defacto complainant.
Ms. S. Bhattacharya,
Ms. P. Saha
…for the State.
Petitioner is in custody for 144 days and it is submitted
that co-accused Sadhan Majumdar has been granted bail by this
Court.
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that her prayer was earlier
rejected earlier on 14.02.2018.
Learned counsel appearing on behalf of the defacto
complainant also opposes the prayer for bail.
We have considered the materials on record and bearing
in mind the extent of complicity of the petitioner and the fact
that co-accused Sadhan Majumdar has been enlarged on bail
who is similarly circumstanced with the petitioner after the last
rejection of bail by this Court, we are of the opinion that further
detention of the petitioner is not necessary and she may be
granted bail.
Let the petitioner 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, Barasat subject to the condition that during
bail he shall appear before the learned trial court regularly till
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disposal of the trial and he shall not intimidate witnesses or
tamper with evidence in any manner whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)