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16.06.2017
41

pk
CRM No. 5434 of 2017

In Re:- An application for bail under Section 439 of the Code of Criminal
Procedure filed on 13.06.2017 in connection with Berhampore P.S. Case No.
739 of 2016 dated 31.07.2016 under Sections 498A/326A/307/34/376/511 of
the Indian Penal Code.

And
In the matter of:- Shyamal Karmakar @ Kalu Anr.

petitioners
Ms. Sreyashee Biswas,
Mr. Somnath Adhikary for the petitioners

Mr. Bidyut Roy,
Ms. Rita Dutta for the State

Heard the Learned Counsel appearing on behalf of the parties. Perused the

case diary.

The petitioners are the brothers-in-law of the victim housewife being the

Bhasur and Nandai. They are in custody for 109 days. Investigation is over and

charge sheet has been submitted.

Out of seven charge sheeted accused persons, two are on anticipatory bail

and the husband is on statutory bail.

It is claimed by the learned counsel for the petitioners that her clients are

standing on the same footing with the co-accused persons, who are now on bail.

The learned counsel for the State draws our attention to the 164 statement

of the victim lady, which are at pages 42 and 43 of the case diary.

At this stage, the learned counsel for the petitioners contends that such

statement was recorded nearly two and half months after the alleged occurrence.
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She further submits that the allegation made therein shows that the present

petitioners and the other accused persons, who are on bail, are standing on the

same footing and such fact has not been disputed by the learned counsel for the

State.

Having regard to above and considering the petitioners’ length of detention

in custody and when no case is made out that if the petitioners are released on

bail they are likely to abscond or may tamper with the evidence, the application

for bail is allowed.

Let the petitioners be released on bail upon furnishing a bond of Rs. 10,000/-

each with two sureties of Rs. 5,000/- each, one of whom must be local to the satisfaction

of the Learned Chief Judicial Magistrate, Murhidabad.

The application for bail is thus disposed of.

(Ashim Kumar Roy, J.)

(Ashis Kumar Chakraborty, J.)