rkd Ct. No.28
C.R.M. 10991 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 22/11/2019 in connection with
Dholahat P.S. Case No. 124 of 2019 dated 15/04/2019 under
Sections 498A/Section304B/Section306/Section34 of the Indian Penal Code.
In the matter of: Rabin Mistry @ Rabi Mistry Anr.
Mr. K. K. Bhattacharya
…for the petitioners.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. A. Gaur
…for the State.
Petitioners are in custody for 225 days and it is submitted
that trial has not commenced as yet.
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that victim housewife commited
suicide within one month of marriage.
Having considered the materials in the case diary and
bearing in mind the nature of allegations and in view of the
period of detention suffered by the petitioners and investigation
is complete, we are inclined to grant bail to the petitioners.
Accordingly, the petitioners are directed to 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,
Kakdwip, South 24 Parganas subject to the condition that during
bail they shall appear before the learned trial court regularly till
disposal of the trial and they shall not intimidate witnesses or
tamper with evidence in any manner whatsoever.
In the event the petitioners fail to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)