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Judgments of Supreme Court of India and High Courts

Sections … vs In Re : Baijnath Prasad Alias Baiju on 25 July, 2019



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.)

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