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Judgments of Supreme Court of India and High Courts

Kalyani Hembram @ Maji & Anr vs Unknown on 14 May, 2018

1

99 14.05.2018
Aloke Court 28 C.R.M. 2620 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11.05.2018 in connection with
Raniganj P.S. Case No. 33 of 2018 dated 20.01.2018 under
Sections 498A/304B/34 of the Indian Penal Code.

And

In the matter of : Kalyani Hembram @ Maji Anr.

Ms. Minoti Gomes
Mr. Apurba Kr. Datta
… for the Petitioners

Mr. Saswata Gopal Mukherjee, ld. P.P.
Mr. P.P. Das.

Partly … for the State
Allowed

It is submitted on behalf of the petitioners that

petitioner no. 1 is the mother-in-law of the victim girl and

petitioner no. 2 is the sister-in-law of the said victim and is aged

about 19 years and is a student.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials in the case diary we

find that the victim suffered unnatural death within one year of

her marriage and in view of the prima facie involvement of the

petitioner no. 1 in the alleged torture, we are not inclined in

granting bail to petitioner no. 1 at this stage. However, keeping

in mind the age and the status of petitioner no. 2 who is a young

girl student, we are inclined in granting bail to petitioner no. 2.

Accordingly, we direct that the petitioner no. 2, Manika

Hembram @ Maji shall be released on bail upon furnishing bond

of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount, one of whom shall be local, to the satisfaction of

the learned Additional Chief Judicial Magistrate, Asansol, on

condition that petitioner no. 2 shall not intimidate witnesses or

tamper with evidence in any manner whatsoever or commit the
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similar offence in future.

In the event the petitioner no. 2 fails to appear before

the trial court without justifiable reason, the trial court shall be

at liberty to cancel her bail without further reference to this

Court.

The application for bail of petitioner no. 2, Manika

Hembram @ Maji is allowed and the application for bail of

petitioner no. 1, Kalyani Hembram @ Maji, is rejected.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)

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