AB Court 28 C.R.M. 4432 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Uluberia P.S. Case
No.307 of 2018 dated 1.5.2018 under Sections 498A/302
304B/34 of the Indian Penal Code read with Sections 3/4 of the
Dowry Prohibition Act
In the matter of : Nitai Polley
Mr. Himanshu De, Sr. Advocate,
Mr. R. I. Sardar …for the Petitioner.
Mr. S.G. Mukherjee, Ld. PP,
Ms. Amita Gaur …for the State.
It is submitted on behalf of the petitioner that he is in
custody for 42 days and that he is the uncle-in-law of the victim
housewife. It is further submitted that the petitioner did not
reside at the matrimonial home of the victim.
Learned Public Prosecutor opposes the prayer for bail.
Having considered the materials in the case diary and
bearing in mind the nature of allegations in the light of the
aforesaid submissions made on behalf of the petitioner and the
period of detention suffered by him, we are of the opinion that
further detention of the petitioner is not necessary and he may
be granted bail.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/-(Rupees
Ten Thousand only) with two sureties of like amount each, one
of whom shall be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Uluberia on condition that
he shall appear before the trial court on every date of hearing
and shall not intimidate witnesses nor tamper with evidence in
any manner whatsoever and on further condition that he shall
meet the Investigating Officer of the case once in a week until
In the event the petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel his bail without
further reference to this Court.
The application for bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)