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An Application For Bail Under … vs Prabir Sardar & Anr on 4 June, 2019

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30 04.06.2019
pk/ss Partly Allowed
C.R.M. 4623 of 2019

In the matter of : An application for bail under Sectionsection 439 of the Code of
Criminal Procedure filed on 30.05.2019 in connection with Patuli P.S. Case
No. 48 of 2019 dated 18.03.2019 under Sectionsections 498A/Section326A/Section376/Section34 of
the Indian Penal Code and Sectionsections 3/Section4 of the Dowry Prohibition Act.

And

In the matter of : Prabir Sardar Anr.

… … petitioners
Mr. Santanu Maji
… … for the petitioners
Mr. Nilanjan Adhikari
… … for the de facto complainant
Mr. Binay Panda,
Mr. P. Saha
… … for the State

The petitioners submit that they are the brother-in-law and husband

of the victim. They are in custody for about 78 days.

Learned counsel appearing for the State produces the case diary and

refers to the statement of the victim wherefrom it appears that it was the

husband/petitioner no. 2 who was allegedly, deadly and actively involved

in the incident leading to alleged consumption of poison by the victim.

Considering the extent of involvement of the petitioner no. 2 in the

offence, we are not inclined to release him on bail at this stage.

Accordingly, the prayer for bail of the petitioner no. 2 is rejected.

However, materials available in the case diary does not justify further

detention of the petitioner no. 1 who is the brother-in-law of the victim.
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Accordingly, the prayer for bail in respect of the petitioner no. 1 is

considered and allowed.

Let the petitioner no. 1 be released on bail upon furnishing a bond of

Rs. 10,000/- with two sureties of like amount each, one of whom must be

local, to the satisfaction of the learned Additional Chief Judicial Magistrate,

Alipore, South 24 Parganas subject to the condition that he shall appear

before the trial court on every date of hearing and shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial Court without

justifiable cause, the trial Court shall be at liberty to cancel his bail in

accordance with law without further reference to this court.

The application for bail is, thus, allowed.

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

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