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Nirmal Biswas vs Unknown on 3 September, 2019

1

244 03.09.2019

rkd Ct. No.28
(Allowed)
C.R.M. 7584 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 19/08/2019 in connection with
Raiganj Women P.S. Case No. 116 of 2018 dated 10/11/2018
under Sections 498A/Section304B/Section34 of the Indian Penal Code and
under Sections 3/4 of the D.P. Act.

And

In the matter of: Nirmal Biswas
….petitioner.

Mr. K. Choudhury,
Mr. S. Hazra
…for the petitioner.

Ms. S. Bhattacharya,
Ms. S. Banerjee
…for the State.

Petitioner is in custody for 296 days.

Learned counsel appearing on behalf of the State opposes the

prayer for bail.

Having considered the materials in the case diary and bearing

in mind the nature of allegations and as the trial has not commenced

as yet and in view of the period of detention suffered by the petitioner,

we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 Chief Judicial Magistrate, Uttar Dinajpur 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 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.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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