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Judgments of Supreme Court of India and High Courts

Harinath Biswas vs Unknown on 31 January, 2018


36 31.01.2018
AB Court 28
C.R.M. 862 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Chakdah P.S. Case
No.412 of 2017 dated 10.7.2017 under Sections 498A/302/34
of the Indian Penal Code


In the matter of : Harinath Biswas

Mr. Shibaji Kr. Das …for the Petitioner.

Mr. S.G.Mukherjee, Ld. PP,
Mr. Partha Pratim Das…for the State.

It is submitted on behalf of the petitioner that he is in

custody for more than 197 days and that he has been falsely

implicated in the instant case. It is further submitted that the

victim died due to suicidal hanging.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations in the light of the

aforesaid submission made on behalf of the petitioner and the

period of detention suffered by the petitioner, we are of the

opinion that further detention of the petitioner is not necessary.

Accordingly, we direct that the petitioner shall be

released on bail upon furnishing bond of Rs.10,000/-(Rupees

Ten Thousand only) with two sureties of like amount, one of

whom shall be local, to the satisfaction of the learned Additional

Chief Judicial Magistrate, Kalyani on condition that he shall

appear before the trial court on every date of hearing and shall

not intimidate witnesses nor tamper with evidence in any

manner whatsoever.

In the event the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel his bail without

further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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