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12.12.2019
SL No.156
AP
CRM 11452 of 2019
In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 04.12.2019 in connection with
Panskura P.S. Case No. 535 of 2019 dated 19.11.2019 under
Sections 498A/Section323/Section307/Section506/Section34 of the Indian Penal Code.
And
In the matter of: Atanu Adhikary
….Petitioner.
Mr. Amitabha Ghosh
…for the Petitioner.
Ms. Sukanya Bhattacharyay,
Ms. Sutapa Banerjee
…for the State.
It is submitted on behalf of the petitioner that he is in
custody for about 22 days and he is the brother-in-law of the
victim housewife and has been falsely implicated in the instant
case.
Learned lawyer for the State opposes the prayer for bail
and submits that the victim housewife was repeatedly
assaulted by the husband and other in-laws including the
petitioner.
Learned lawyer for the de facto complainant also
opposes the prayer for bail.
Having considered the materials on record and bearing
in mind the extent of complicity of the petitioner in the alleged
crime and in view of the period of detention suffered by the
petitioner, we are inclined to grant bail to the petitioner.
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Let the petitioner 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, Purba Medinipur subject to the
condition that during bail the petitioner shall appear before the
learned trial court regularly till disposal of the trial and the
petitioner shall not intimidate witnesses or tamper with
evidence in any manner whatsoever.
In the event the petitioner fails 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.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)