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Judgments of Supreme Court of India and High Courts

Banamali Das vs Unknown on 20 February, 2019

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9

C.R.M. 1894 of 2019

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on February 13, 2019 in connection with Pataspur Police Station Case No.
151 of 2018 dated 13.5.2018 under
Sections 498A/304B/34 of the Indian Penal
Code and
Section 4 of the Dowry Prohibition Act.

And

In the matter of: Banamali Das …Petitioner.

Mr. Mrityunjoy Chatterjee
Mr. Bhaskar Hutait … For the Petitioner

Mr. Bidyut Kumar Roy
Ms. Rita Datta … For the State

It is submitted by the learned advocate for the petitioner that the petitioner is the father-
in-law of the victim and he is innocent and has been falsely implicated in this case. He also
submits that the petitioner is in custody for 82 days and husband of the victim has already been
granted bail by this Court on 14.8.2018 in CRM 5397 of 2018. He further submits that
investigation has been concluded and charge sheet has been submitted and there is no need for
further detention.

The learned advocate appearing on behalf of the State opposes the prayer for bail.

We have considered the submissions of the learned advocates for the respective parties
and have perused the case diary and further that the husband of the victim has already been
granted bail and this petitioner is in custody for 82 days and investigation has been concluded,
we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be enlarged on bail upon furnishing bond of Rs.10,000/- with
two sureties of like amount, one of whom must be local to the satisfaction of the learned A.C.J.M,
Contai, Purba Medinipur and on condition that the petitioner shall attend the trial Court
regularly and shall not intimidate the witnesses and not tamper the evidence in any manner and
not commit same offence in future.

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In the event of violation of any such condition, the learned Court below shall be at liberty
to cancel the bail of the petitioner without any further reference to the Court.

Accordingly, the application for bail is allowed.

C.R.M. 1894 of 2019 is thus disposed of.

Urgent photostat copy of this order, if applied for, be given to the parties upon compliance
of all formalities.

(Md. Mumtaz Khan, J.)

(Tirthankar Ghosh, J.)

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