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In Re:- Debraj Saha vs Re: An Application For Bail Under … on 4 May, 2017

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43 4.5.2017

C.R.M. No. 3848 of 2017
p.d.

In re:- Debraj Saha …. Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 3.5.2017 in connection
with Arambagh Police Station Case No.126/2017 dated 3.2.2017 under Sections
498A/304B/306/201/34 of the Indian Penal Code, 1860 read with sections 3 / 4 of the Dowry
Prohibition Act.

Mr. Kallol Mondal,
Ms. Amrita Chel … For the petitioner.

Mr. Binoy Kumar Panda,
Mrs. Puspita Saha … For the State.

Heard the learned Advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the husband, who is in custody for 89

days. Investigation is over and charge sheet has been submitted and

out of four chargesheeted accused, three are on bail and they are the

parents-in-law of the victim housewife and the maternal uncle-in-

law.

The claim of the learned Counsel for the petitioner that the

present petitioner is standing on the same footing with the co-

accused, who are on bail, has been vehemently disputed by the

learned Counsel for the State and it is contended that the present

petitioner is not standing on the same footing with those co-accused.

In support of such claim, he draws our attention to the statement of

one of the witnesses recorded under Section 161 Cr.P.C., which is at
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page-42 of the case diary as well as the statement of another witness

recorded under Section 164 Cr.P.C., which is at page-74 thereof.

On our request, the learned Counsel for the State in open

court read over the allegations made by those two witnesses against

the present petitioner.

We find that his contention that the petitioner and the other

three co-accused, who are now on bail, are not standing on the same

footing, is also baseless and without foundation but we find that this

is a fit case, where the petitioner’s prayer for bail can be considered

on parity.

Having regard to above, we allow the petitioner’s prayer for

bail on parity.

Let the petitioner be released on bail upon furnishing bond

of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom

must be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Arambagh, Hooghly.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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