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Haraprasad Saha @ Bablu Saha & Anr vs Unknown on 15 November, 2019

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15.11.2019

SL No.302
AP
CRM 10272 of 2019

In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 05.11.2019 in connection with
Kandi P.S. Case No. 427 dated September 24, 2019 under
Sections 498A/Section328/Section302/Section34 of the Indian Penal Code.

And

In the matter of: Haraprasad Saha @ Bablu Saha Anr.

….Petitioners.

Mr. Navanil De,
Ms. Ayantika Roy
…for the Petitioners.

Mr. Rana Mukherjee,
Ms. Sujata Das
…for the State.

It is submitted on behalf of the petitioners that they are

in custody for about 53 days and they have been falsely

implicated in the instant case and the incident occurred 8

years after marriage.

Learned lawyer for the State opposes the prayer for bail

and submits that the husband of the victim administered

poison resulting in her death. The petitioners had abetted the

crime.

Having considered the materials on record and keeping

in mind the extent of complicity of the petitioners in the alleged

crime and in view of the protracted period of detention suffered
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by the petitioners, we are inclined to grant bail to the

petitioners.

Let the petitioners 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, Kandi,

Murshidabad subject to the condition that during bail the

petitioners shall appear before the learned trial court regularly

till disposal of the trial and the petitioners shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail 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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