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Sabita Das vs Unknown on 19 September, 2019

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19.09.2019

SL No.294
AP
CRM 8757 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 17.09.2019 in connection with Kotwali
P.S. Case No. 487/2019 dated 26.08.2019 under Sections
498A/Section306/Section34 of the Indian Penal Code and Sections 3/4 of the D.P.
Act.

And
In the matter of: Sabita Das
….Petitioner.

Mr. Soumyajit Das Mahapatra
…for the Petitioner.

Mr. Bidyut Kr. Roy,
Ms. R. Datta
…for the State.

It is submitted on behalf of the petitioner that she is suffering

from kidney ailments and has been falsely implicated in the instant

case. It is further submitted on behalf of the petitioner that the

incident occurred twelve years after marriage.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind

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

victim committed suicide twelve years after marriage and the

statutory presumption under Section 113A of the Evidence Act is not

attracted to the facts and circumstances of the case, we are inclined

to grant bail to the petitioner.

Let the petitioner 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, Paschim Medinipur subject to the condition that during
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bail the petitioner shall appear before the learned trial court

regularly till disposal of the trial and the petitioner 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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