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Gouranga Bera & Ors vs Unknown on 3 October, 2018




C.R.M. 8600 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 27.09.2018 in connection with
Mahishadal P. S. Case No.174 of 2017 dated 03.06.2017 under
Sections 498A/306/34 of the Indian Penal Code.

In the matter of : Gouranga Bera Ors.

… Petitioners.

Mr. Amitabha Karmakar.

…for the Petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Amita Gaur.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioners that they are in

custody for about 516 days and it is also submitted that the trial has

not commenced as yet.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the de-facto complainant has made a

prayer for adding graver charges in the police report.

We have considered the materials on record. It appears from

the statement of the victim at page 35 of the Case Diary that she

committed suicide.


In view of the aforesaid facts and the period of detention

suffered by the petitioners and the trial has not commenced as yet,

we are inclined to grant bail to the petitioners.

Accordingly, the petitioners, namely, Gouranga Bera, Joy

Krishna Bera and Archana Bera shall be released on bail upon

furnishing a bond of Rs.10,000/- each with two sureties of like

amount each, one of whom must be local, to the satisfaction of the

learned Additional Chief Judicial Magistrate, Haldia, Purba

Medinipur subject to condition that the petitioners shall appear

before the trial court on every date of hearing until further orders

and shall not intimidate witnesses or tamper with evidence in any

manner whatsoever.

In the event the petitioners fail to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel their bail in accordance with law without further reference to

this Court.

The application, being C.R.M.8600 of 2018, is disposed of.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)

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