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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.
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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.)