rkd Ct. No.28
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.
In the matter of: Ranjan Ghosh
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.)