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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.)