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133 05.03.2020

C.R.M. 2501 of 2020
rkd Ct. No.28
(P.Allowed)
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 04/03/2020 in connection with
Hirbandh P.S. Case No. 95 of 2019 dated 28/12/2019 under
Sections 498A/304(B)/302/34 of the Indian Penal Code and
under Sections 3/4 of the D.P. Act.

And

In the matter of: Nilambar Pramanik Anr.

….petitioners.

Mr. A. Roychowdhury,
Ms. I. Kundu
…for the petitioners.

Mr. A. K. Maiti,
Ms. S. Bhattacharya
…for the State.

Having considered the materials in the case diary and bearing

in mind the prima facie involvement of petitioner 2 in torturing the

victim and compelling her to commit suicide, we are not inclined to

grant bail to him at this stage. However, keeping in mind the extent of

complicity of the petitioner no.1 in the alleged crime and in view of the

period of detention suffered by him, we are inclined to grant bail to

him.

Accordingly, the petitioner no.1 is directed to 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, Khatra, Bankura subject

to the condition that during bail he shall appear before the learned

trial court regularly till disposal of the trial and he shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner no.1 fails to comply with the

conditions as enshrined hereinbefore, it is open to the trial court to

cancel the bail without any further reference to this Court.

The application for bail is, thus, disposed of.

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