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Judgments of Supreme Court of India and High Courts

Dilip Das & Anr vs Unknown on 12 October, 2017

1

Vacation CRM 9761 of 2017
Bench
In the matter of: Dilip Das Anr. …Petitioners
Court No. 8
Re: An application under Section 439 of the Code of Criminal Procedure filed on 21.09.2017 in
12.10.2017

connection with Gangarampur Police Station Case No. 172/17 dated 08.05.2017 under
(Sl. No. 13) Section 498A/304(B)/34 of the Indian Penal Code read with section 3/4 of D. P. Act.

(S. Das
S. Banerjee)

Bail

Mr. Usof Ali Dewan, Ld. Advocate
Mr. Asif Dewan, Ld. Advocate
… for the petitioners
Mr. Prosun Dutta, Ld. Advocate
Mr. Shashanka Sekhar Saha, Ld. Advocate
… for the State

Learned Advocate for the petitioners submits
that the petitioner no. 1 is the husband of the victim
and the petitioner no. 2 is the brother-in-law of the
victim and they are in custody since May 8, 2017.
He further submits that in this case investigation
has been completed and charge-sheet has been
submitted and there is no need for further detention
of the petitioners in custody.

Learned Advocate for the State opposes the
prayer for bail.

Having considered the submission of both side
and after going through the materials in the Case
Diary including the statements of the witnesses
recorded under Section 161 Cr.P.C. and also
considering the fact that investigation has been
completed and charge-sheet has been submitted, we
do not think that any further custodial detention of
the petitioners is necessary. Therefore, the
application for bail is allowed.

Both the petitioners namely, Dilip Das and
Manash Kumar Das shall be released on bail upon
furnishing bail bond of Rs.10,000/- (Rupees ten
thousand only) each with two sureties of Rs.5,000/-
(Rupees five thousand only) each, of whom one must
be local, subject to the satisfaction of the learned
Additional Chief Judicial Magistrate, Gangarampur
2

at Buniadpur, Dakshin Dinajpur, on condition that
during the bail period they must not tamper with the
evidence nor threat the witnesses and attend the
Court regularly.

In the event of violation of the aforesaid
condition, it is open to the Trial Court to pass an
appropriate order without any further reference to
this Court.

The application for bail is disposed of
accordingly.

(Harish Tandon, J.)

(Md. Mumtaz Khan, J.)

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