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Judgments of Supreme Court of India and High Courts

Abhijit Biswas Alias Dodon vs Unknown on 5 December, 2019

1

05.12.2019

SL No.145
AP
CRM 10850 of 2019

In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 20.11.2019 in connection with
Chakdaha P.S. Case No. 409 of 2019 dated 21.09.2019
under Sections 498A/Section306/Section34 of the Indian Penal Code.

And

In the matter of: Abhijit Biswas alias Dodon
….Petitioner.

Ms. Minoti Gomes
…for the Petitioner.

Mr. Tanmay Kr. Ghosh,
Mr. Arindam Sen
…for the State.

It is submitted on behalf of the petitioner that he is in

custody for about 50 days and he was not present at the place

of occurrence at the time of commission of offence. Incident

occurred eight years after marriage.

Learned lawyer for the State opposes the prayer for bail

and submits that the victim suffered unnatural death due to

burn injury.

Having considered the materials on record and bearing

in mind the nature of allegations in the light of the submission

that the petitioner was not present at the place of occurrence

and the incident occurred eight years after marriage and as the

statutory presumptions under Section 113A/Section113B of the
2

SectionEvidence Act are not attracted in the facts and circumstances

of the case, we are inclined to grant bail to the petitioner.

Let the petitioner 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 Additional Chief Judicial

Magistrate, Kalyani, Nadia subject to the condition that during

bail the petitioner shall appear before the learned trial court

regularly till disposal of the trial and the petitioner 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.

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

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