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17.10.2019

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12.
as/ad
(Allowed)
C.R.M. 9939 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30.09.2019 in connection with Ghatal
P. S. Case No.206 dated 13.07.2018 under Sections
498A/Section304B/Section201/Section120B of the Indian Penal Code and adding
Section 302 of the Indian Penal Code and charge sheet submitted
under Sections 498A/Section304B/Section302/Section201/Section120B of the Indian Penal
Code.

In the matter of : Sudip Roy.

…. Petitioner.

Mr. S. Ali,
Mr. Anshuman Bera,
Mr. Swadhin Pan.

…for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P.,
Mr. Manoranjan Mahata.

…for the State.

In this application for grant of bail, learned Advocate

appearing for the petitioner submits that, the petitioner is in custody

for 53 days. He submits that, the allegations against the petitioner

are, inter alia, under Sections 498A/Section304B/Section201/Section120B of the Indian

Penal Code. He submits that, the husband of the deceased was

granted bail. The petitioner is the elder brother of the husband of the

deceased. He points out that the application for anticipatory bail filed

on behalf of the petitioner was rejected on January 9, 2019. The
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petitioner thereafter surrendered on August 26, 2019 and is in

custody since then.

State is represented.

Perused the Case Diary. Case Diary is returned to the learned

Advocate for the State. The Court is informed that the charge sheet

has been submitted.

In the facts of the present case, since the husband of the

deceased is on bail and charge sheet submitted, it would be

appropriate, the petitioner is also granted bail.

Accordingly, the petitioner, namely, Sudip Roy may find bail

upon furnishing a bond of Rs.5,000/- with two sureties of like

amount each, one of whom must be local, to the satisfaction of the

learned Additional Chief Judicial Magistrate, Ghatal, Paschim

Medinipur subject to condition that the petitioner shall appear before

the trial court on every date of hearing until further orders and shall

not intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fails to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel his bail in accordance with law without further reference to

this Court.

The application, being C.R.M.9939 of 2019, is disposed of.

(Saugata Bhattacharyya,J.) (Debangsu Basak, J.)
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