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01.10.2019
SL No.518
Saswata
CRM 9239 of 2019
In Re: – An application for bail under Section 439 of the Code
of Criminal Procedure filed on 24.09.2019 in connection with
All Women Police Station Kharagpur Case No. 28/2019
dated 28.08.2019 under Sections
498A/Section506/Section509/Section307/Section406/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act, 1961.
And
In the matter of: Subrata Baidya
….Petitioner.
Ms. Somali Mukhopadhyay
…for the Petitioner.
Ms. Sukanya Bhattacharyya
Mr. F.A.Begg
…for the State.
Having considered the materials on record and bearing
in mind the nature of allegations in light of submission that
the ingredients of offence punishable under Section 307 are
not disclosed in the facts and circumstances of the case and
in view of the period of detention suffered by him, i.e, 32 days,
we are inclined to grant bail to the petitioner.
Let the petitioner 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
Chief Judicial Magistrate, Paschim Medinipur subject to the
condition that during bail the petitioner shall appear before
the learned trial court regularly till disposal of the trial and
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the petitioner shall not intimidate witnesses or tamper with
evidence in any manner whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial
court to cancel the bail without any further reference to this
Court.
The application for bail is, thus, disposed of.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)