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Rabin Mistry @ Rabi Mistry & Anr vs Unknown on 26 November, 2019


152 26.11.2019

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.)

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