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Bijay Shil @ Bijan Shil vs Unknown on 13 August, 2019

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188 13.08.2019

rkd Ct. No.28
(Allowed)
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.

And

In the matter of: Bijay Shil @ Bijan Shil
….petitioner.

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

whatsoever.

In the event the petitioner fails to comply with the
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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.)

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