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14.01.2019
78
sdas
Allowed
C.R.M. 533 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11.01.2019 in connection with Junput
Coastal Police Station Case No. 12 of 2018 dated 12.02.2018 under
Sections 498A/326/307 of the Indian Penal Code and added Sections
304B/302 of the Indian Penal Code and Sections 3 and 4 of the Dowry
Prohibition Act.
And
In Re : Rahima Bibi Anr. …… petitioners
Mr. Sudipta Moitra, Sr. Adv.,
Mr. Vijay Verma
…..for the petitioners
Mr. S. G. Mukherjee, learned P.P.,
Ms. Amita Gaur
….for the State
It is submitted by the learned Counsel appearing for the
petitioners that the petitioners are in custody for 335 days and they
renew their prayer for bail. It is also submitted that there is no
progress in the trial and co-accused has been enlarged on bail.
Learned Counsel appearing for the State opposes the prayer for
bail and submits that they were named in the dying declaration of the
victim.
Having considered the materials on record we find that there is
no progress in the matter since the last rejection of bail and that co-
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accused Sk. Moba @ Sk. Mobarak Ali has been enlarged on bail on
similar circumstances. Hence, we are inclined to extend the same
privilege to the petitioners also.
Accordingly we direct that the petitioners shall 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 Additional Chief Judicial Magistrate, Contai, on condition that
they shall appear before the trial court on every date of hearing and
shall not intimidate witnesses nor tamper with evidence in any manner
whatsoever.
In the event the petitioners fail to appear before the trial court,
the trial court shall be at liberty to cancel their bail without further
reference to this Court.
The application for bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)