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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs Allowed on 14 June, 2019

1

14.06.2019
tkm/ct 42 C.R.M. 4175 of 2019
sl no. 58

In Re : An application for bail under Sectionsection 439 of the Code of Criminal
Procedure filed on 11.4.2019 in connection with AshoknagarP.S Case
no. 352 of 2018 dated 2.6.2018 under Sectionsections 498A/Section304B of the
Indian Penal Code
And

Allowed
In Re : Sanju Roy …….. petitioner

Mr. Mazahar Hossain Chowdhury
…… for the petitioner

Mr. Saswata Gopal Mukherjee, ld PP
Ms. Amita Gaur
…… for the State

The petitioner has been implicated in a case under Sections

498A/Section304B of the Indian Penal Code.

The learned lawyer for the petitioner submits that

petitioner is in custody for one year and ten days. He further

submits that charge sheet has already been submitted and

charge has been framed and evidence is in progress.

Learned lawyer appearing on behalf of the State

opposes the prayer for bail and submits that it is in close

proximity of time of marriage, the deceased was put to death.

Having considered the materials on record including the

case diary and taking into account the fact of long detention of

the accused and that there has been no disruption in the

proceeding of the trial, we are inclined to release the petitioner

on bail.

2

Accordingly, we direct that the petitioner shall be

released on bail upon furnishing a bond of Rs. 10,000/- with

two sureties of like amount each, one of whom must be local,

to the satisfaction of the Learned CJM, Barasat subject to the

condition that during bail he shall appear before the learned

trial court regularly till disposal of the trial and shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fails 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.

Accordingly, the application for bail is allowed.

C.R.M. 4175 of 2019 is, thus, disposed of.

Urgent photostat copy of this order, if applied for, be given

to the parties upon compliance of all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)

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