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12.07.2019
tkm/ct 28 C.R.M. 5554 of 2019
sl no. 140
In Re : An application for bail under Sectionsection 439 of the Code of Criminal
Procedure filed on 28.6.2019 in connection with Sankrail P.S case no.
61/2016 dated 25.7.2016 under Sectionsections 498A/Section302/Section304B/Section201/Section406/Section34
of the IPC and 3 and 4 of the DP Act
And
Allowed
In Re : Raju Bhowmik @ Raju Bhowmick …… petitioner
Mr. D. Sur
Ms. A. Dutta
…… for the petitioner
Mr. A. K. Maiti
Ms. T. Mitra
…… for the State
Heard the learned advocates appearing for the parties.
Petitioner is in custody for more than three years and it is
submitted that trial has not concluded as yet.
Learned lawyer for the State opposes the prayer for bail and
submits that the prayer for bail of the petitioner was rejected
earlier and date for recording evidence is fixed in the month of
August 2019.
We have considered the materials on record. No doubt the
allegations of the petitioner are serious. However, the balance is to
be stuck between the pre-arrest detention and gravity of the
offence.
Keeping in mind the protracted period of detention suffered
by the petitioner i.e. over three years and there is no likelihood of
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the trail concluding in the near future, we are inclined to grant bail
to the petitioner.
Accordingly, the petitioner 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
ACJM, Jhargram, Paschim Medinipur on 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 and on further
condition that the petitioner shall not leave the jurisdiction of
Sankrail P.S. except for attending the court proceeding and meet
the Officer-in-Charge, Sankrail P.S once in a week until further
orders.
In the event he fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel his bail
automatically without reference to this court.
The application being CRM 5554 of 2019 is disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
