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Judgments of Supreme Court of India and High Courts

Of The Ipc And 3 And 4 Of The Dp Act vs Allowed on 12 July, 2019

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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.)

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