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Judgments of Supreme Court of India and High Courts

Sri Pradip Bhakta vs Unknown on 18 February, 2019

1

18.02.2019

Sl. No.34
Ct-42
BM
Allowed

CRM 1827 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 07.02.2019 in connection with Kalyani Police Station Case
No.503 of 2018 dated 04.12.2018 under Sections 498A/304-B/34 of the Indian
Penal Code.

And
In the matter of : Sri Pradip Bhakta
… Petitioner
Mr. Dipanjan Chatterjee … for the petitioner

Mr. Binay Panda
Mr. Subham Bhakat … for the State

It is submitted by the learned advocate appearing for the petitioner that

the petitioner is husband of the victim and is totally innocent and in no way

connected with the offence alleged against him. He further submits that other

accused persons have already been granted anticipatory bail by the Learned

Sessions Judge and this petitioner is in custody for 73 days and further

detention of the petitioner is not required.

The learned advocate appearing for the State opposes the prayer for bail.

We have considered the submission of the learned advocate appearing for

the respective parties and have perused the case diary including the statements

recorded under Section 161 Cr.P.C. and the reported suicide note.

Having considered the submission of the learned advocate appearing for

the respective parties and the material in the case diary including the suicide

note and the period of detention, we are inclined to grant bail to the petitioner.
2

Accordingly, we direct that the petitioner shall be released on bail on

furnishing a bond of Rs.10,000/- with two sureties of Rs. 5,000/- each one of

whom must be local to the satisfaction of the learned Additional Chief Judicial

Magistrate, Kalyani, Nadia and on condition that during bail he must not be

tamper with the evidence nor threat the witnesses and meet with the

investigation officer once in a week till the completion of the investigation.

The application for bail is accordingly allowed.

CRM 1827 of 2019 is thus disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the

parties after compliance of necessary formalities.

( Md. Mumtaz Khan, J. )

( Tirthankar Ghosh, J. )

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