rkd Ct. No.28
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.
In the matter of: Nirmal Biswas
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.)