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Judgments of Supreme Court of India and High Courts

Sanjoy Saha vs Unknown on 8 January, 2018

1

11 08.01.2018
Aloke Court 28 C.R.M. 76 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 03.01.2018 in connection with
Nabadwip P.S. Case No. 451/2017 dated 05.11.2017 under
Sections 498A/304B/109/34 of the Indian Penal Code.

And

In the matter of : Sanjoy Saha

Mr. Achyut Basu
Mr. Rupchand Chakrabarti
Ms. Punam Basu
Ms. Sonam Basu
… for the Petitioner
Allowed Mr. Saswa Gopal Mukherjee, Ld. P.P.

Ms. Amita Gaur
… for the State

It is submitted on behalf of the petitioner that petitioner

is in custody for 55 days and it is submitted that the victim

committed suicide at her parental home.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations and the fact that the

victim committed suicide at her parental home and the period of

detention suffered by the petitioner, we are of the opinion that

further detention of the petitioner is not necessary in the facts of

the case.

2

Accordingly, we direct that the petitioner shall be released

on bail upon furnishing bond of Rs.10,000/-(Rupees Ten

Thousand only) with two sureties of like amount, one of whom

shall be local, to the satisfaction of the learned Judicial

Magistrate, 1st Class, Nabadwip, Nadia on condition that he shall

appear before the trial court on every date of hearing and shall

not intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel his bail without

further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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