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05.07.2019

.

209.
as
(Allowed)
C.R.M. 5549 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 25.06.2019 in connection with
Nakashipara P.S. Case No.44 of 2019 dated 30.01.2019 under
Sections 498A/Section304B/Section34 of the Indian Penal Code.

In the matter of : Anadish Majumdar.

…. Petitioner.

Mr. Nazir Ahmed.

…for the Petitioner.

Mr. Swapan Banerjee,
Ms. Purnima Ghosh.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner renews his prayer for bail as investigation is

complete. It is submitted that the victim died due to natural causes

and the co-accused persons have been granted pre-arrest bail.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the petitioner tortured the victim housewife

and suffered unnatural death within four years of marriage.

We have considered the materials on record. Prayer for bail of

the petitioner was rejected at the stage of investigation. There is no

clear opinion with regard to the cause of death of the victim

housewife in the post mortem report. Keeping in mind the aforesaid
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facts and circumstances of the case and in view of the period of

detention suffered by the petitioner and as investigation is complete,

we are inclined to grant bail to the petitioner.

Accordingly, the petitioner, namely, Anadish Majumdar shall 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 Chief Judicial Magistrate, Nadia,

Krishnagar subject to condition that the petitioner shall appear

before the trial court on every date of hearing until further orders

and shall not intimidate witnesses or tamper with evidence in any

manner whatsoever and/or commit similar offence in future.

In the event the petitioner fails to appear before the Trial Court

without any 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, being C.R.M.5549 of 2019, is disposed of.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)