ap C.R.M. 8936 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 05.09.2017 in connection with
Jalangi Police Station Case No. 287 of 2017 dated 07.04.2017 under
Sections 498A/302/304B/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act.
In re: Soumen Chowdhury. … Petitioner
Mr. Rajdeep Majumder,
Mr. Pritam Roy,
Ms. Sayanti Poddar,
Mr. Abir Neogi. …… for the petitioner
Mr. Anwar Hossain,
Mrs. Benazir Hasna. …. for the State
Heard the learned counsel appearing on behalf of the
respective parties. Perused the case diary.
The petitioner is in custody for 92 days. Charge-sheet has
already been submitted.
It is submitted by the learned Advocate appearing on behalf of
the petitioner that before submitting the charge-sheet, the similar
prayer of the petitioner was rejected by a co-ordinate Bench of this
Court by an order dated August 4, 2017 passed in C.R.M. No.7497 of
2017. It is further submitted by him that though initially the case
was lodged for commission of the offence under Sections
498A/302/304B/34 of the Indian Penal Code read with Sections 3/4
of the Dowry Prohibition Act, the charge-sheet has been submitted
under Sections 498A/304B/34 of the Indian Penal Code. It is also
submitted by him that the petitioner is working in Armed Force and
he is posted in Jabbalpur.
Our attentions have not been drawn by the learned State
Advocate towards any materials showing necessity of further
custodial detention of the petitioner even after submission of the
charge-sheet or that in the event, the petitioner is enlarged on bail,
he is likely to abscond. Therefore, we are inclined to allow the prayer
of the petitioner for granting 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 Chief Judicial Magistrate,
Murshidabad subject to the condition that after release, the
petitioner shall attend the court on each and every date of the
hearing of the trial and in case of any single default, his bail shall
stand cancelled automatically without further reference to this
The application for bail is, thus, disposed of.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J.)