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S/L No.151
25.06.2019
C.R.M. 3997 of 2019
Ct-42
(AD) In Re: – An application for bail under Section 439 of the Code of
(Allowed) Criminal Procedure filed on 09/04/2019 in connection with
Monteswar P.S. Case No. 304/2018 dated 03/12/2018 under
Sections 498A/Section302/Section34 of the Indian Penal Code.
And
In the matter of: Droupadi Ghosh @ Dropadi Ghosh @ Dropodi
Ghosh
….petitioner.
Mr. Dhananjay Banerjee
…for the petitioner.
Mrs. Amita Gaur
…for the State.
The petitioner has been implicated in a case under
Sections 498A/Section302/Section34 of the Indian Penal Code.
Heard both sides. Perused the materials-on-record
including the case diary.
It is submitted that the petitioner is in custody for about
205 days.
The learned Advocate for the State opposes the prayer for
bail.
Taking into account the materials-on-record in the case
diary and the earlier order dated 6th February, 2019 passed in
C.R.M. 1530 of 2019 and considering the long period of detention
and that there has been no progress in the case since the bail
prayer of the petitioner was earlier rejected by this Court, we are
inclined to release the petitioner on bail.
Accordingly, we direct that the petitioner shall be released
on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only), with two sureties of like amount each, one of
whom must be local, to the satisfaction of the learned Additional
Chief Judicial Magistrate, Kalna and on condition that during bail
the petitioner must not tamper with the evidence nor intimidate
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the witnesses in any manner whatsoever and attend court
regularly and face the trial.
In the event of violation of any such conditions, the learned
court shall be at liberty to cancel the bail of the petitioner without
any further reference to this Court.
The application for bail is, accordingly, allowed.
C.R.M. 3997 of 2019 is thus disposed of.
Urgent photostat certified copy of this order, if applied for,
be given to the parties upon compliance of all formalities.
(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)
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