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Judgments of Supreme Court of India and High Courts

Joydeb Das & Anr vs Unknown on 8 February, 2019

1

08.02.2019

Sl. No.51
Ct-42
BM
CRM 1677 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 06.02.2019 in connection with Kalna Police Station Case
No.84 of 2018 dated 27.02.2018 under Sections 498A/304B/302/120B/34 of
the Indian Penal Code and 3/4 of the Dowry Prohibitions Act.

And
In the matter of : Joydeb Das Anr.

… Petitioners
Mr. Debasish Roy
Mr. Avik Ghatak
Mr. Rakesh Poddar … for the petitioners

Mr. S. G. Mukherjee, Ld. PP
Ms. Amita Gaur … for the State

The learned advocate on behalf of petitioners submits that the petitioners

are parents-in-law of the victim deceased. The learned advocate submits that

admittedly the petitioners used to live elsewhere, away from the couple who

stayed at a rented place. He submits that the petitioners are in custody for about

two months and a charge sheet has been submitted in this case.

The learned advocate appearing on behalf of State submits that although

there are statement of witnesses about torture by the present petitioners, the

statement of the landlord of the couple recorded under Section 164 of the Code

indicates that only the victim and her husband were staying in the rented house.

Considering the materials available in the case diary, the fact that a charge

sheet has already been submitted and in view of the length of custody of the

present petitioners, we are inclined to grant bail to the petitioners.
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Let the petitioner be released on bail subject to satisfaction of learned

Additional Chief Judicial Magistrate, Kalna, Burdwan on furnishing of a bond of

Rs.10,000/- with two sureties of like amount, one of whom shall be local, on

condition that the petitioners shall appear before the learned court below on

every date of hearing and shall not intimidate the witnesses and tamper with

evidence in any manner whatsoever.

In the event, the petitioners violate any of the conditions as referred to

above, the learned court below shall at liberty to cancel their bail prayer without

any further reference to this Court.

The application for bail is accordingly allowed.

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

parties after compliance of necessary formalities.

( Md. Mumtaz Khan, J. )

( Jay Sengupta, J. )

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