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23.03.2017

sm
Allowed
CRM No.2299 of 2017

In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 20.03.2017 in connection with
Chandrakona Police Station Case No.174 of 2016 dated
30.06.2016 under sections 498A/304B/34 of the Indian Penal Code
and sections 34 of the Dowry Prohibition Act.

                                       And

             In Re:- Raghunath Rana.     .. Petitioner.


             Mr.Amitabha Karmakar.     ... for the petitioner


             Mr.Arun Kumar Maity, ld.APP
             Ms.Rita Dutta ... for the State.

Heard the learned advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the husband. He is in custody for about 207

days. Investigation is over and charge-sheet has been submitted.

The learned advocate for the petitioner vehemently contends

that out of six (6) charge-sheeted accuseds, five (5) are on bail, three

(3) of whom have been granted bail by this Bench and the remaining

two (2) by the learned court below. He claims that the present

petitioner is standing on same footing with those co-accuseds.

Therefore, the petitioner’s prayer for bail may be considered

favourably.

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The learned advocate for the State, however, disputes such

contentions of the learned advocate for the petitioner and submits

that the present petitioner is not standing on same footing with those

co-accuseds. In this regard, he draws our attention to the

statements of two witnesses, which are at pages 10 and 12 of the

case diary.

Now, going through the same, we find that, according to the

statements of the witnesses, which are at pages 11 and 12 of the

case diary, in their presence the victim was regularly assaulted by

her husband, mother-in-law and brother-in-law and on the date of

incident all the accused persons assaulted her.

In the above backdrop, we must consider that the petitioner is

standing on same footing with the co-accuseds, who are on bail.

Accordingly, this application for bail stands allowed on parity.

Let the petitioner be released on bail to the satisfaction of the

learned Additional Chief Judicial Magistrate, Paschim Medinipur at

Ghatal upon furnishing a Bond of Rs.10,000/-, with two sureties of

Rs.5,000/- each, one of whom must be local.

Accordingly, this application for bail is disposed of.

(Ashim Kumar Roy, J.)

(Malay Marut Banerjee, J.)
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