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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.)
