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Mudasser Islam @ Rajiul Sk vs Unknown on 7 January, 2020

1

07.01.2020

.

114.
as
(Allowed)
C.R.M. 115 of 2020

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 24.12.2019 in connection with Kandi
P. S. Case No.397 of 2019 dated 11.09.2019 under Sections
498A/302/34 of the Indian Penal Code and Sections 3 / 4 of the
D. P. Act.

In the matter of : Mudasser Islam @ Rajiul Sk.

…. Petitioner.

Mr. Manas Kr. Das.

…for the Petitioner.

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

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioner that he is in custody

for about 116 days and investigation is complete. It is also submitted

that the victim died due to accidental burns.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the petitioner and other in-laws tortured

the victim housewife on demands of dowry and she committed

suicide.

Having considered the materials on record and keeping in mind

the nature of allegations in the light of the rival submissions made

on behalf of the parties with regard to the cause of death and in view
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of the period of detention suffered by the petitioner and as

investigation is complete, we are inclined in granting bail to the

petitioner.

Accordingly, 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, Kandi 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. 115 of 2020, is disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)

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