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05.07.2019

.

183.
as
(Allowed).

C.R.M. 5417 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 25.06.2019 in connection with Kotwali
P. S. Case No.144 of 2019 dated 12.03.2019 under Sections
498A/Section302/Section34 of the Indian Penal Code.

In the matter of : Kanan Bala Bewa.

… Petitioner.

Mr. Kusal Kr. Mukherjee.

…for the Petitioner.

Mr. Swapan Banerjee,
Ms. Purnima Ghosh.

…..for the State.

Heard the learned Advocates appearing on behalf of the

parties.

It is submitted on behalf of the petitioner that she is in

custody for about 111 days and she is the mother-in-law of the

victim housewife.

Learned Advocate appearing for the State opposes the prayer

for bail.

We have considered the materials on record and bearing in

mind the extent of complicity of the petitioner in the alleged crime

and as the incident occurred 11 years after marriage and the

statutory presumption under Section 113A of the Evidence Act is
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not attracted in the present case, we are inclined in granting bail

to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner

viz., Kanan Bala Bewa 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 Chief Judicial

Magistrate at Krishnagar, Nadia subject to condition that the

petitioner shall appear before the trial court on every date of hearing

until further orders and shall not intimidate witnesses or tamper

with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel his bail in accordance with law without further reference to

this Court.

The application, being C.R.M.5417 of 2019, is disposed of.

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