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Indian Penal Code vs In Re : Sadhana Bhattacharya on 27 June, 2019



CRM No.4912 of 2019
In re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 13-06-2019 in connection
with Uttarpara Police Station Case No.798 of 2018 dated
01-11-2018 under Sections 498A/Section326/ Section307/Section34 of the
Indian Penal Code.

– And –

In re : Sadhana Bhattacharya
….. Petitioner.

Mr. Subir Ganguly,
Mr. Sumanta Ganguly,
Ms. Aditi Dutta
….. For the Petitioner.

Mr. Partha Pratim Das
….. For the State.

The petitioner has been implicated in a case under
Sections 498A/Section326/Section307/Section34 of the Indian Penal Code.

Heard both sides. Perused the materials on record
including the case diary.

The petitioner is the mother-in-law of the victim and it is
reflected from the order dated 18-03-2019 in CRM 2884 of 2019
that a direction was passed on the Court below to consider her
age and ailments while she prefers an application for bail. In
spite of the same, the petitioner is in custody for 90 days and
the investigation of the case has been completed.


Taking into account the age of the petitioner and her
detention in connection with this case, we are inclined to release
the petitioner on bail.

As such, the prayer for bail of the petitioner is allowed.

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 Additional Chief Judicial Magistrate,
Serampore and on condition that during bail, the petitioner
must not tamper with the evidence nor intimidate the witnesses
in any manner whatsoever and attend court regularly and face
the trial.

In the event of violation of any such conditions, the
learned court shall be at liberty to cancel the bail of the
petitioner without any further reference to this Court.

C.R.M. 4912 of 2019 is, thus, disposed of.

Urgent photostat certified 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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