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Prohibition Act vs In Re: Pronay Gazi on 31 January, 2019



Sl. No.6
C. R. M. 1218 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
25.01.2019 in connection with Barasat Police Station Case No. 1017 dated 05.12.2017
under Sections 498A/306/34 of the Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act.


In Re: Pronay Gazi
… … Petitioner

Mr. Souvik Mitter .. Advocate
Md. Younush Mondal .. Advocate
… … for the petitioner

Mr. Krishnendu Bhattacharya .. Advocate
Mr. Somsuvra Mukherjee .. Advocate
Mr. Priyankar Ganguly .. Advocate
… … for the de-facto complainant

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Bidyut Kumar Roy .. Advocate
Mrs. Rita Datta .. Advocate
… … for the State

Pursuant to our earlier direction, Investigating Officer is personally present

before this court. His presence is noted and dispensed with.

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/306/34 of the Indian Penal Code and Sections 3/4 of the

Dowry Prohibition Act.

It is submitted on behalf of the petitioner that he is in custody for about 92 days.

It is further submitted that the victim had an illicit affair with one Kamal Sadhukhan, a co-

accused in the instant case and this was the reason of dispute between the couple.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

We have considered the materials on record including the statement of the post-

mortem doctor clarifying the opinion in the post-mortem report at page 73 of the case

diary. Keeping in mind the allegations in the light of the aforesaid submissions made on

behalf of the petitioner and in view of period of detention already suffered by the petitioner

and that investigation is complete, we are of the opinion that further detention of the

accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Pronay Gazi, be released on bail

upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like

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

Magistrate, North 24-Parganas at Barasat subject to condition that the said petitioner 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 and on further

condition that he shall not enter the jurisdiction of Barasat Police Station until further


In the event he fails to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel his bail automatically without reference to this court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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