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Bapi Saha & Ors vs Unknown on 26 September, 2018




C.R.M. 8224 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 18.09.2018 in connection with
Jalpaiguri Woman P.S. Case No.67 of 2018 dated 05.07.2018
under Sections 498A/302/34 of the Indian Penal Code and
Sections 3 / 4 of the Dowry Prohibition Act.

In the matter of : Bapi Saha Ors.

… Petitioners.

Mr. Provas Bhattacharya.

…for the Petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Partha Pratim Das.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioners that they are in-laws

of the victim housewife and are in custody for about 79 days. It is

also submitted that the co-accused Krishna Roy has been enlarged

on bail by this Court.

Learned Advocate appearing for the State opposes the prayer

for bail.

We have considered the materials on record and bearing in

mind the nature of allegations and the period of detention suffered

by the petitioners and the fact that the co-accused Krishna Roy has

been enlarged on bail, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners, namely, Bapi Saha, Bishaka Saha

and Nayan Tara Saha shall 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, Jalpaiguri subject to condition that the

petitioners shall appear before the trial court on every date of hearing

until further orders and shall not intimidate witnesses or tamper

with evidence in any manner whatsoever and on further condition

that the petitioner no.1 shall meet the Officer-in-charge of Jalpaiguri

Women Police Station once a week until further orders.

In the event the petitioners fail to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel their bail in accordance with law without further reference to

this Court.

The application, being C.R.M.8224 of 2018, is disposed of.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)

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