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Ranjan Ghosh vs Unknown on 3 September, 2019

1

245 03.09.2019

rkd Ct. No.28
(Allowed)
C.R.M. 7590 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 20/08/2019 in connection with
Manikchak P.S. Case No. 120 of 2019 dated 24/04/2019
under Sections 498A/Section306 of the Indian Penal Code.

And

In the matter of: Ranjan Ghosh
….petitioner.

Mr. A. K. Bhowmic
…for the petitioner.

Mr. B. K. Roy,
Ms. R. Datta
…for the State.

Petitioner is in custody for 132 days.

Learned counsel appearing on behalf of the State opposes the

prayer for bail.

Having considered the materials in the case diary and bearing

in mind the nature of allegations in the light of the submission that the

incident occurred 17 years after marriage and as the statutory

presumption under Section 113A of the Evidence Act is not attracted in

the facts of the case and in view of the period of detention suffered by

the petitioner and as investigation is complete, we are inclined to grant

bail to the petitioner.

Accordingly, the petitioner is directed to 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, Malda subject to the condition that

during bail he shall appear before the learned trial court regularly till

disposal of the trial and he shall not intimidate witnesses or tamper

with evidence in any manner whatsoever.

In the event the petitioner fails 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.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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