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Judgments of Supreme Court of India and High Courts

Subimal Nandi & Anr vs Unknown on 29 January, 2019

1

January 29, 2019. C.R.M. No. 1176 of 2019
rc.

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on 24.01.2019 in connection with Mogra Police Station Case No. 312 of 2018
dated 05.12.2018 under Sections 498A/406 of the Indian Penal Code
corresponding to G.R.Case No. 1988 of 2018 now pending before the learned
Chief Judicial Magistrate, Hooghly.

And

In the matter of: Subimal Nandi Anr.

…Petitioner.

Mr. Niladri Shekhar Ghosh
…for the petitioner.

Mr. S. Dutta
…for the State.

This is an application for bail under Section 439 of the Code of Criminal

Procedure filed on 24.01.2019 in connection with Mogra Police Station Case No.

312 of 2018 dated 05.12.2018 under Sections 498A/406 of the Indian Penal Code

corresponding to G.R.Case No. 1988 of 2018 now pending before the learned

Chief Judicial Magistrate, Hooghly.

Learned advocate for the petitioner submits that the police case has been

instituted on the basis of the complaint of the defecto complainant on 05.12.2018

that is to say after 7 months of alleged incident of turning her out from her

matrimonial home on 08.05.2018.

It is, however, pointed out that the Stridhan articles as per the list has

already been seized by the Investigating Officer. The husband is in custody for last

43 days and brother in law of the petitioner is in custody for last 25 days.

Having perused the Case Diary and upon hearing the learned advocate for

the State I find that there is general allegations as recorded under Sections 498A
2

and 406 of the Indian Penal Code. The allegations of beating is there as told by the

brother of the defecto complainant but there is no medical treatment sheet.

I find that no purpose will be served by putting the petitioners behind the

bar.

Accordingly, the accuseds/petitioners be released on bail upon furnishing a

bond of Rs .5,000/- with two sureties of Rs. 2,500/- each subject to the satisfaction

of the learned Chief Judicial Magistrate at Hooghly on conditions that they will meet

the Investigating Officer as and when they are wanted to in connection with the

investigation.

This application for bail is, thus, allowed.

The CRM No. 1176 of 2019 is disposed of accordingly.

Urgent photostat certified copies of this order, if applied for, be made

available to the parties upon compliance of the requisite formalities.

(Shivakant Prasad, J.)

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