rkd Ct. No.28
C.R.M. 7371 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 09/08/2019 in connection with
Kaliaganj P.S. Case No. 70 of 2019 dated 11/04/2019 under
Sections 498A/Section304B/Section201/Section34 of the Indian Penal Code.
In the matter of: Bijay Shil @ Bijan Shil
Mr. R. Sengupta
…for the petitioner.
Mr. A. K. Maiti,
Mr. P. Ganguly
…for the State.
Petitioner is in custody for 112 days and it is further
submitted that he has been falsely implicated in the instant case.
It is further submitted that investigation is complete.
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that the victim committed suicide
within one year of marriage.
Having considered the materials in the case diary and
bearing in mind the general and omnibus nature of allegations
levelled against the petitioner, who is the brother-in-law of the
victim housewife, and in view of the period of detention suffered
by the petitioner and as investigation is complete, we are inclined
to grant bail to the petitioner.
Accordingly, the petitioner is directed to 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, Uttar Dinajpur subject
to the condition that during bail he shall appear before the
learned trial court regularly till disposal of the trial and he shall
not intimidate witnesses or tamper with evidence in any manner
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.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)