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Judgments of Supreme Court of India and High Courts

Prohibition Act vs In Re : Rahima Bibi & Anr on 14 January, 2019

1

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-
2

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.)

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