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144 26.11.2019
rkd Ct. No.28
(Allowed)
C.R.M. 10973 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 22/11/2019 in connection with
Kumarganj P.S. Case No. 97 of 2019 dated 07/05/2019 under
Sections 498A/Section302/Section304B/Section34 of the Indian Penal Code.
And
In the matter of: Pankaj Majumdar @ Panka @ Panka Majumdar
….petitioner.
Mr. K. Chowdhury
…for the petitioner.
Mr. Rana Mukherjee,
Mr. S. Chatterjee
…for the State.
Petitioner is in custody for 201 days and he has been
falsely implicated in the instant case. It is further submitted that
there is no direct evidence connecting the petitioner with the
alleged crime.
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that petitioner had manhandled
the victim who subsequently died due to poisoning.
Having considered the materials in the case diary and
bearing in mind the nature of allegations and in view of the
period of detention suffered by the petitioner and as there is no
direct evidence connecting the petitioner with the alleged crime
and as investigation is complete, 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, Dakshin 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
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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.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)