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Act vs In Re: Narayan Chandra Saha & Anr on 23 April, 2020

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23.04.2020

Sl. No.11
as/akd
[INTERIM BAIL]

C. R. M. 3012 of 2020 [via video conferencing]
(CRAN 1592 of 2020)

In Re: An application for bail under Section 439 of the Code of Criminal Procedure in
connection with Gobardanga Police Station Case No.19 of 2020 dated 05.02.2020 under
Sections 498A/304B/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition
Act.

And

In Re: Narayan Chandra Saha Anr.

… … Petitioners

Mr. Debasis Ray .. Advocate
Mr. Arka Chakraborty .. Advocate
… … for the petitioners

Mr. Sudip Ghosh .. Advocate
… … for the State

In Re : CRAN 1592 of 2020

Petitioners undertake to affirm and stamp the petition/application as per Rules

within 48 hours of resumption of normal functioning of the court. Subject to such

undertaking, the application is taken up for hearing through video conferencing.

Heard the learned advocates appearing for both the parties.

It is submitted on behalf of the petitioners that they are in custody for about 69

days. It is further submitted that co-accused namely, uncle-in-law of the victim-housewife

has been enlarged on bail. It is also submitted that petitioner no.1 namely, father-in-law of

the victim-housewife stands on the same footing with the said co-accused.

Learned advocate appearing for the State opposes the prayer for bail.
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Having considered the materials on record and bearing in mind the period of

detention suffered by the petitioner no.1, we consider it prudent to release the petitioner

no.1 on interim bail in the present case however, subject to the following conditions.

Accordingly, the accused/petitioner no.1 namely, Narayan Chandra Saha shall

be released on interim bail on executing personal bond to the satisfaction of the learned

Chief Judicial Magistrate, North 24-Parganas-in-charge subject to condition that the said

petitioner no.1 shall not intimidate witnesses or tamper with evidence in any manner

whatsoever and on further condition that he shall stay at his permanent residence and

shall not move out of his residence without the express permission of the Officer-in-

charge of the police station within whose jurisdiction he shall reside. Petitioner shall be

subjected to medical examination by the medical authorities attached to the correctional

home where he is presently lodged and shall be so released only upon issuance of a fit

certificate by the said authorities. The interim bail shall continue for a period of three

months or until further orders, whichever is earlier.

However, considering the materials on record, we are not inclined to grant

interim bail to the petitioner no.2 namely, Rajkumar Saha at this stage.

The application being CRAN 1592 of 2020 is accordingly, disposed of.

Let this matter appear for further hearing two months hence. Case diary be

produced on that day.

Learned Chief Judicial Magistrate, North 24-Parganas-in-charge as well as all

concerned authorities shall act in terms of the copy downloaded from the official website

of this court.

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