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Judgments of Supreme Court of India and High Courts

Rabi Saha vs Unknown on 12 October, 2018

1

12.10.2018

.

30.
as
(Allowed)
C.R.M. 9206 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 09.10.2018 in connection with
Jalpaiguri Woman P.S. Case No.67 of 2018 dated 05.07.2018
under Sections 498A/302/34 of the Indian Penal Code.

In the matter of : Rabi Saha.

… Petitioner.

Mr. Pravas Bhattacharyya.

…for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Partha Pratim Das
…for the State.

Heard the learned Counsels appearing on behalf of the

parties.

It is submitted on behalf of the petitioner that he is in

custody for about 96 days and it is also submitted that the

investigation is complete. It is further submitted that the

housewife committed suicide nine years after marriage.

Learned Public Prosecutor appearing for the State opposes

the prayer for bail.

We have considered the materials on record. We find that the

allegations are general and omnibus in nature. We also note that

the statutory presumptions under Sections 113A and 113B of the

Evidence Act are not attracted to the facts of the case.
2

Under such circumstances and keeping in mind the period of

detention suffered by the petitioner, we are inclined to grant bail to

the petitioner.

Accordingly, the petitioner, namely, Rabi Saha 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, Jalpaiguri

subject to condition that the 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.

In the event the petitioner fails to appear before the Trial

Court without any 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, being C.R.M.9206 of 2018, is disposed of.

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

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