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Bijay Biswas vs The State Of West Bengal on 20 July, 2018


51 20.07.2018

sg Ct. No.28 C.R.M. 5018 of 2018
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure filed on
19.07.2018 in connection with Chakdaha P.S. Case No. 599/17 dated 26.09.2017 under
(Allowed) Sections 498A/304B/34 of the Indian Penal Code.

Bijay Biswas
The State of West Bengal

Mr. Sourav Chatterjee, Adv.

Mr. S. Nag, Adv.

…for the petitioner
Mr. Saswata Gopal Mukherjee, PP
Mr. P. P. Das. Adv.

…for the State

It is submitted on behalf of the petitioner that the petitioner is in

custody for 297 days and he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing in mind

the nature of allegations and the period of detention suffered by the petitioner

and the fact that the investigation is complete, we are inclined in granting bail

to the petitioner.

Accordingly, the petitioner shall be released on bail upon furnishing

bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like

amount, one of whom shall be local to the satisfaction of the learned Additional

Chief Judicial Magistrate, Kalyani, Nadia on condition that he shall appear

before the trial court on every date of hearing and shall not intimidate witnesses

or tamper with evidence in any manner whatsoever and shall not commit

similar offence in future.

In the event the petitioner fail to appear before the trial court, the trial

court shall be at liberty to cancel his bail in accordance with law without further

reference to this court.

The application for bail is, thus, allowed.

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

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