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19 10.4.2017

C.R.M. No.2817 of 2017
p.d.

In re:- Siddhartha Dey …. Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 4.4.2017 in connection with
Habra Police Station Case No.1048/2016 dated 25.12.2016 under Section 302, 498A of the Indian Penal Code
and 3 4 of D.P. Act.

Ms. Sreyashee Biswas,
Mr. Debasis Bhattacharya … For the petitioner.

Mr. S.G. Mukherjee, P.P.,
Mrs. Amita Gaur …. 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 103 days.

Investigation is over and charge sheet has been submitted and one of the

chargesheeted co-accused, is on bail.

The learned Counsel for the State, in her usual fairness, submits

that although this is a case, where the allegation against the petitioner

that he pushed the victim housewife from the terrace but in the injury

report, it is clearly noted that due to weakness of the limb, she fell down

and died.

We further find from the post mortem report that it was not

revealed whether the injuries are homicidal or not except that the same

was ante mortem in nature.

Having regard to above and considering the petitioner’s length of

detention in custody and when no case is made out from the side of the

State showing that further custodial detention of the petitioner is
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necessary even after submission of the charge sheet or if he is released on

bail, he is likely to abscond, we allow his prayer for bail.

Let the petitioner be released on bail upon furnishing a 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 Chief Judicial Magistrate, Barasat.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)