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Penal Code vs In Re : Balaram Ojha on 16 January, 2020




C.R.M. 570 of 2020

In Re:- An application for bail under Section 439 of the Code of Criminal
Procedure filed on 14.01.2020 in connection with Egra Police Station Case No.
337 of 2018 dated 13.07.2018 under Sections 498A/304B/34 of the Indian
Penal Code.


In Re : Balaram Ojha …… petitioner

Mr. Arup Kr. Bhowmick
…..for the petitioner

Mr. Binay Panda
Ms. Puspita Saha
….for the State

It is submitted on behalf of the petitioner that he is in custody for 130 days

and trial is in progress.

Learned lawyer for the State opposes the prayer for bail and submits that

the petitioner and other accused persons tortured the victim housewife who

suffered unnatural death after five years of marriage.

We have considered the materials on record and keeping in mind the

entries in the post mortem report, death of the victim appears to be suicidal. In

view of the aforesaid facts and circumstances and the period of the protracted

period of detention suffered by him, we are inclined to grant bail to the petitioner.

Accordingly we direct that the petitioner shall 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,

Contai, subject to condition that the petitioner shall appear before the trial court

on every date of hearing until further orders and shall not intimidate the

witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without

justifiable cause, the trial court shall be at liberty to cancel his bail in accordance

with law without further reference to this Court.

The application for bail is, accordingly, allowed.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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