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17.10.2019
.
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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