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34.
03.04.2017
.
ap C.R.M. 2545 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 29.03.2017 in connection with
Gobardhanpur Costal Police Station Case No. 33 of 2016 dated
26.11.2016 under Sections 498A/302/304B/406/34 of the Indian
Penal Code and Sections 3/4 of the Dowry Prohibition Act.
And
In re: Shantanu Sasmal @ Santanu Sasmal @ Shasmal.
... Petitioner
Mr. Pravash Bhattacharjee. ...... for the petitioner
Mrs. Pushpita Saha. .... for the State
Heard the learned counsel appearing on behalf of the parties.
Perused the case diary.
The petitioner is the husband. He is in custody for 124 days.
Investigation is over and charge-sheet has been submitted and out of
three chargesheeted accused persons, two are on bail.
The learned counsel for the State opposes the prayer for bail
and alleges that so far as the allegations are concerned, the
difference between the petitioner and the other co-accused persons is
that the petitioner had an illicit affair with a local lady. She in this
regard draws our attention to the statements of the neighbouring
people, which are at pages 12 and 13 of the case diary but there we
do not find the identity of that lady with whom she had an affairs.
We repeatedly asked her to show that with whom she had an illicit
affairs but she is unable to do that.
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Having regard to above and considering the materials collected
during investigation and when no case is made out from the side of
the State showing that further custodial detention of the petitioner is
necessary even after submission of the charge-sheet or if he is
released on bail, he is likely to abscond, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of
Rs.10,000/- with two sureties of Rs.5,000/- each one of whom must
be local, to the satisfaction of the Learned Additional Chief Judicial
Magistrate, Kakdwip, South 24 Parganas.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)
