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25.01.2018
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,
And
Allowed
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.
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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.)