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Judgments of Supreme Court of India and High Courts

Dhiren Das vs Unknown on 26 July, 2019

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189 26.07.2019

rkd Ct. No.28
(Allowed)
C.R.M. 6623 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 25/07/2019 in connection with
Krishnganj P.S. Case No. 358 of 2017 dated 25/10/2017
under Sections 498A/Section304B/Section34 of the Indian Penal Code.

And

In the matter of: Dhiren Das
….petitioner.

Mr. P. Majumder
…for the petitioner.

Mr. B. K. Roy,
Ms. R. Datta
…for the State.

Petitioner is in custody for more than two years and it is

submitted that co-accused person, namely, Bikash Das has been

granted bail and there is little possibility of the trial concluding

in the near future.

Learned counsel appearing on behalf of the State opposes

the prayer for bail and submits that the victim girl was tortured

and suffered unnatural death within two years of marriage..

Having considered the materials in the case diary and

bearing in mind the extent of complicity of the petitioner in the

alleged crime and as the co-accused person, namely, Bikash Das

has been enlarged on bail and there is little possibility of the trial

concluding in the near future, we are inclined to grant bail to the

petitioner.

Let the petitioner 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, Nadia 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 or commit
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similar offences in future.

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.)

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