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Judgments of Supreme Court of India and High Courts

(Allowed) vs State Of West Bengal on 12 September, 2018

1

24 12.09.2018

C.R.M. 7485 of 2018
sg Ct. No.34
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure.

Ashraf Sk. @ Molla Anr.

(Allowed) Versus
State of West Bengal
Mr. Kallol Mondal, Adv.
Mr. Amanul Islam, Av.
Ms. Amrita Chel, Adv.
…for the petitioners.
Mr. Tanmoy Kr. Ghosh, Adv.
Mr. Arindam Sen, Adv.
…for the State.

The petitioners seek bail in connection with Jalangi Police Station Case

No. 673 of 2017 dated 16.08.2018 under Sections 498A/302/307/326/34 of the

Indian Penal Code.

The matter pertains to the unnatural death of a mother and her minor

child. The first petitioner is a neighbour and the second petitioner is the

Jamaibabu of the minor victim’s father.

According to the State, the husband of the major victim had an affair

with the wife of the first petitioner and it was the first petitioner herein who

principally instigated the husband to commit the crime. The State refers to the

case diary and the statement of some of the neighbours.

The allegations against these petitioners are general in nature and it

does not appear that these petitioners were involved in the incident which led to

the death of the two victims.

Considering the material on record, there does not appear to be any

need to detain the petitioners any further, since the petitioners are in custody for

more than a year. The husband of the major victim remains arrested.

Accordingly, the petitioners are directed to 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 must be local, to the satisfaction of

the Chief Judicial Magistrate at Berhampore, Murshidabad, on condition that

they shall not intimate the witnesses or tamper with the evidence in any manner

whatsoever and they shall appear before the trial court on every date of hearing

and in the event they fail to do so, the trial court shall be at liberty to cancel their

bail without further reference to this Court.

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The application for bail is, accordingly, allowed.

A certified copy of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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