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Judgments of Supreme Court of India and High Courts

Chinmoy Saha & Anr vs Unknown on 4 July, 2019

1

216 04.07.2019
rkd Ct. No.28 C.R.M. 5341 of 2019
(Allowed)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 21/06/2019 in connection with
Mogra P.S. Case No. 90 of 2019 dated 11/04/2019 under
Sections 498A/Section302/Section120B of the Indian Penal Code.

And

In the matter of: Chinmoy Saha Anr.

….petitioners.

Mr. S. Ahmed,
Mr. S. Chakraborty
…for the petitioners.

Mr. Saswata Gopal Mukherjee, P.P.,
Ms. A. Gaur
…for the State.

Petitioners are in custody for 84 days and it is submitted that

co-accused persons have been granted anticipatory bail.

Learned counsel appearing on behalf of the State opposes the

prayer for bail and submits that the victim housewife committed

suicide within four years of marriage.

Having considered the materials in the case diary and bearing

in mind the general and omnibus nature of allegations and in view of

the protracted period of detention suffered by the petitioners, we are

inclined to grant bail to the petitioners.

Let the petitioners 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, Hooghly subject to the condition that during bail they shall

appear before the learned trial court regularly till disposal of the trial

and they shall not intimidate witnesses or tamper with evidence in any

manner whatsoever or commit similar offences in future.

In the event the petitioners fail 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.)

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