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Basirun Bewa @ Basiran Bewa @ … vs Unknown on 21 November, 2019

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21.11.2019

SL No.121
AP
CRM 9133 of 2019

In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 20.09.2019 in connection with
Beldanga P.S. Case No. 547/17 dated 11.12.2017 under
Sections 498A/Section302 of the Indian Penal Code.

And

In the matter of: Basirun Bewa @ Basiran Bewa @ Kashirun
Bewa
….Petitioner.

Mr. Raju Monda,
…for the Petitioner.

Mr. A.K. Maiti, Ld. A.P.P.,
…for the State.

It is submitted on behalf of the petitioner that the

petitioner is the in-law of the victim housewife and she is in

custody for more than two years.

Learned lawyer for the State opposes the prayer for bail.

Report is placed on record wherefrom it appears that due

to abscondence of co-accused persons case could not be

committed.

We have considered the materials on record. Although

the allegations are serious there is slow progress the matter

before the court below. In view of the aforesaid fact and

keeping in mind the period of detention, we are of the opinion

that further detention of the petitioner could not enure to the
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interest of justice. Under these circumstances, we are inclined

to grant bail to the petitioner.

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, Murshidabad at Berhampore 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.)

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