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Anil Majhi & Anr vs Unknown on 5 August, 2019

1

05.08.2019

SL No.201
AP
C.R.M. 7030 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 01.08.2019 in connection with Joypur
P.S. Case No. 95/18 dated 08.11.2018 under Sections
498A/Section304B/Section34 of the Indian Penal Code and Sections 3/4 of the
D.P. Act.

And

In the matter of: Anil Majhi Anr.

….Petitioners.

Ms. Sabarni Midya
…for the Petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Amita Gaur
…for the State.

It is submitted on behalf of the petitioners that the petitioners

are in custody for about 269 days and there is slow progress of the

trial in the case since the last rejection of bail by this Court.

Learned counsel appearing on behalf of the State opposes the

prayer for bail and submits that witnesses did not appear in the

course of the last schedule and a fresh schedule has been fixed.

Having considered the materials in the case diary and keeping

in mind the nature of allegations and in view of the detention

suffered by the petitioners and as the delay in the case since the last

rejection of bail is primarily due to non-attendance of prosecution

witnesses, we are inclined to grant bail to the petitioners.
2

Let the petitioners be released on bail upon furnishing a Bond

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

whom must be local, to the satisfaction of the Learned Chief Judicial

Magistrate, Bankura subject to the condition that during bail the

petitioners shall appear before the learned trial court regularly till

disposal of the trial and the petitioners shall not intimidate witnesses

or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with the conditions

as enshrined hereinbefore, it is open to the trial court to cancel the

bail without any further reference to this Court.

The application for bail is, thus, disposed of.

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

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