C.R.M. 6065 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11.07.2019 in connection with Asansol
(North) Police Station Case No. 201 of 2018 dated 03.08.2018 under
Sections 498A/Section302/Section304B/Section201/Section120B of the Indian Penal Code.
In Re : Baijnath Prasad alias Baiju …… petitioner
Mr. S. S. Roy,
Mr. B. K. Singh
…..for the petitioner
Mr. S. G. Mukherjee, learned P.P.,
Mr. Parthapratim Das
….for the State
It is submitted by the learned Counsel appearing for the
petitioner that he is in custody for 355 days and it is also submitted
that other in-laws who have been implicated in that case like the
petitioner are on regular bail. Principal accused i.e. the husband is in
Learned Counsel appearing for the State opposes the prayer for
bail and submits that due to non-attendance of one of the accused
persons charge could not be framed.
Having considered the materials on record, we find that
allegations against the petitioner and other in-laws are substantially the
same. Keeping in mind the aforesaid fact and period of detention
suffered by the petitioner and as the principal accused i.e. the husband
is in custody, we are inclined to grant bail to the petitioner.
Accordingly we direct that the petitioner shall 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 Additional Chief Judicial Magistrate, Asansol, subject to
condition that he shall appear before the trial court on every date of
hearing until further orders and shall not intimidate the witnesses
and/or tamper with evidence in any manner whatsoever.
In the event he fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel his bail
automatically without further reference to this Court.
The application for bail is, accordingly, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)