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07.01.2020

.

111.
as
(Allowed)
C.R.M. 107 of 2020

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 24.12.2019 in connection with
Bharatpur P. S. Case No.228 of 2019 dated 20.08.2019 under
Sections 498A/302/304B/34 of the Indian Penal Code and
Sections 3 / 4 of the D. P. Act.

In the matter of : Santi Rajbanshi Anr.

…. Petitioners.

Mr. Manas Kr. Das.

…for the Petitioners.

Mr. Saswata Gopal Mukherjee, ld. P.P.,
Mr. Amita Gaur.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioners that the incident

occurred six years after marriage. It is also submitted that they are

in custody for about 137 days.

Learned Advocate appearing 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 aforesaid submission

made on behalf of the petitioners and in view of the period of

detention suffered by the petitioners and as investigation is

complete, we are inclined in granting bail to the petitioners.
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Accordingly, the petitioners shall be released on bail upon

furnishing a bond of Rs.10,000/- each with two sureties of like

amount each, one of whom must be local, to the satisfaction of the

learned Additional Chief Judicial Magistrate, Kandi subject to

condition that the petitioners shall appear before the trial court on

every date of hearing until further orders and shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel their bail in accordance with law without further reference to

this Court.

The application, being C.R.M. 107 of 2020, is disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)