CRM 4920 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Haldibari Police Station
Case No.27 of 2018 dated 12.02.2018 under Sections
498A/326/307/302/34 of the Indian Penal Code corresponding
to GR Case No.81/2008.
In the matter of : Babua Sen @ Bakul Sen
Mr. Sudip Guha, Adv.
….. For the Petitioner
Mr. S.G. Mukherjee, Ld. P.P.
Ms. Amita Gaur, Adv.
….. For the State
It is submitted on behalf of the petitioner that he is in custody
for 155 days. It is further submitted that he has been falsely
implicated in the instant case.
Learned Advocate for State produces the case diary and opposes
the prayer for bail.
Having considered the materials on record including the dying
declaration of the victim in the medical papers at page 56 of the case
diary and bearing in mind the extent of complicity of the petitioner in
the alleged crime as transpiring from the aforesaid records and the
period of detention suffered by the petitioner, we are inclined to grant
bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on
bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only)
each with two sureties of like amount each, one of whom shall be local,
to the satisfaction of the learned Additional Chief Judicial Magistrate,
Mekhliganj, Cooch Behar on condition that he shall not intimidate the
witnesses and/or tamper with evidence in any manner whatsoever and
shall appear before the trial Court on every date of hearing and in the
event he fails to do so, his bail shall stand automatically cancelled
without further reference to this Court.
The application for bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)