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Prohibition Act. (G.R. Case No. … vs In Re: Nandan Acharjya & Anr on 5 July, 2019

1

05.07.19

Sl. No.223
akd
[ALLOWED]
C. R. M. 5591 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
11.07.2019 in connection with Bhupatinagar Police Station Case No. 44 dated 10.04.2019
under Sections 498A/Section325/Section307/Section34 of the Indian Penal Code and Sections 3/Section4 of the Dowry
Prohibition Act. (G.R. Case No. 501 of 2019)

And

In Re: Nandan Acharjya Anr.

… … Petitioners

Mr. Biswajit Sau .. Advocate
… … for the petitioners

Mr. S. Bhattacharjee .. Advocate
Mr. Arindam Sen .. Advocate
… … for the State

The petitioners are seeking bail in connection with a case relating to offences

punishable under Sections 498A/Section325/Section307/Section34 of the Indian Penal Code and Sections 3/Section4 of

the Dowry Prohibition Act.

It is submitted on behalf of the petitioners that they are in custody for about 89

days and that investigation is complete. It is further submitted that the incident occurred

eight years after marriage.

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

petitioners tortured and assaulted the victim-housewife.

Having considered the materials on record and keeping in mind the nature of

allegations in the light of the aforesaid submission made on behalf of the petitioners and

in view of the period of detention already suffered by them and as investigation is
2

complete, we are of the opinion that further detention of the accused/petitioners is not

necessary.

Therefore, the accused/petitioners, namely (1) Nandan Acharjya (2)

Sunandan Acharjya, be released on bail upon furnishing bond of Rs.10,000/- (Rupees

Ten thousand only) each, with two sureties of like amount each, one of whom must be

local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Contai, Purba

Medinipur subject to condition that the said petitioners 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.

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 for bail, thus, stands allowed.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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