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.)