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CRA/580/2018 on 22 April, 2019


C.R.A. 580 of 2018
04.19. with
73 C.R.A.N. 595 of 2019

Re : An application under Section 389 (1) of the Code of Criminal Procedure filed on 8th
February, 2019.

In Re:- Bagesh Singh Others … Appellants.

Mr. Avik Ghotak
Mr. Amit Ranjan Pati
Mr. Mostafijur Rahaman
Mr. Krishan Ray
… For the Appellants/Petitioners.

Mr. Narayan Prasad Agarwal … For the State.

Heard the learned Counsel appearing for the appellants/petitioners and

learned Counsel for the State.

It is contended on behalf of the appellants/petitioners that petitioner no. 1

and petitioner no. 2 were not present at the place on the date of occurrence and

the same is reflected from the deposition of P.W. 8, a neighbour of the appellants

herein. Learned Counsel for the appellants/petitioners further submits from the

inquest report, it can also be seen that the appellants/petitioners no. 1 and 2

were not present at the time of occurrence.

Learned Counsel appearing for the State opposes the prayer for bail and

submits that not only the father-in-law who is not a petitioner herein, but also all

the appellants/petitioners in this application are guilty of the charge under

Section 498A/304B/34 of the Indian Penal Code.

I have considered the evidence on record. I have perused the depositions and

the inquest report. It is a matter to be decided in course of hearing of the appeal

as to whether the victim was succumbed to death because of the involvement of

the appellant No. 1 2 or such injury was accidental in nature.

In view of the above facts that the appellants/petitioners no. 1 and 2 were not

present at the place of occurrence on that fateful night, I direct that the appellant

no. 1, namely, Bagesh Singh and appellant no. 2, namely, Devanti Debi @

Dewanti Devi @ Dewanti Devi Singh shall be released on bail upon furnishing a

bond of Rs. 20,000/- (Rupees Twenty thousand Only) each, with two sureties of

like amount, one of whom must be local to the satisfaction of the learned

Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas subjected

to the condition that they shall appear before the said Magistrate once in a

month till the disposal of the appeal.

In the event the appellants fails to do so, the learned Magistrate shall

forthwith report such fact to this Court and the department shall place this

matter before the appropriate Bench for necessary orders.

In respect of appellant/petitioner no. 3, namely, Kiran Singh the fact that the

lady was present at time of occurrence, I am not inclined to suspend the

sentence of the appellant /petitioner no. 3 (Kiran Singh).

The application being CRAN 595 of 2019 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, shall be supplied

to the learned Counsel for the parties as expeditiously as possible, in compliance

of usual formalities.

(Rajarshi Bharadwaj, J.)

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