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Penal Code vs Allowed on 25 January, 2018


tkm/ct 28 C.R.M. 713 of 2018
sl no. 54

In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 19.1.2018 in connection with Madhyamgram P.S case
no. 597/17 dated 9.11.2017 under section 498A/302/34 of the Indian
Penal Code,
In Re : Surya Das alias Suraj Kumar Das Ors.

…… petitioners

Mr. Angshuman Chakraborty
Mr. S. S. Saha
…… for the petitioners

Mr. Ranabir Roy Chowdhury
Mr. Mainak Gupta
…… for the State

Heard the learned advocates appearing for the parties.

Petitioners are in custody for about 76 days and it is

submitted on behalf of the petitioners that they have been falsely

implicated in the instant case. It is further submitted that the

dispute arose between the principal accused i.e. the husband and

the victim and was committed suicide after six years of marriage.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing

in mind the extent of complicity of the petitioners who are the in

laws of the victim housewife in the alleged crime and the period of

detention suffered by them and the fact that the petitioner no. 2 is a

sick lady, we are of the opinion that further detention of the

petitioners may not be necessary and they may be granted bail.

Accordingly, the petitioners be released on bail upon

furnishing a bond of Rs. 10,000/- each with two sureties of like

amount each, one of whom must be local to the satisfaction of the

learned CJM, North 24 Parganas at Barasat on condition that the

petitioners shall appear before the trial court on every date of

hearing and they shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

In the event they fail to appear before the trial court without

justifiable cause, the trial court shall be at liberty to cancel their bail

automatically without reference to this court.

The application being CRM 713 of 2018 is disposed of.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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