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202 31.07.2019

C.R.M. 6875 of 2019
rkd Ct. No.28
(P.Allowed)
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30/07/2019 in connection with
Barjora P.S. Case No. 39 of 2019 dated 25/03/2019 under
Sections 498A/Section304(B)/Section302 of the Indian Penal Code.

And

In the matter of: Jhulan Sutradhar Anr.

….petitioners.

Mr. S. Ganguly
…for the petitioners.

Mr. B. K. Roy,
Ms. R. Datta
…for the State.

It is submitted on behalf of the petitioners that they have

been falsely implicated in the instant case and the victim

suffered accidental burn injuries and died.

Learned counsel appearing on behalf of the State opposes

the prayer for bail and submits that victim made dying

declaration implicating the petitioners.

Having considered the materials in the case diary

including the dying declaration of the victim at page 38 of the

case diary and keeping in mind the prima facie involvement of

petitioner 2 in setting the victim on fire, we are not inclined to

grant bail to her at this stage. However, keeping in mind the

extent of complicity of the petitioner no.1 in the alleged crime

and as the possibility of falsely implicating all the family

members due to pre-existing differences cannot be wholly ruled

out, we are inclined to grant bail to her.

Accordingly, the petitioner no.1 is directed to 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 Chief Judicial Magistrate, Bankura

subject to the condition that during bail she shall appear before

the learned trial court regularly till disposal of the trial and she
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shall not intimidate witnesses or tamper with evidence in any

manner whatsoever or commit similar offences in future.

In the event the petitioner no.1 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.

The application for bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)