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Judgments of Supreme Court of India and High Courts

Suman Das vs Unknown on 20 June, 2019


71 20.06.2019 C.R.M. 4471 of 2019
Aloke Court 42
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 22.04.2019 in connection with
Raina Police Station Case No.204/18 dated 04.11.2018 under
Sections 498A/Section326/Section307/Section34 of the Indian Penal Code and added
Sections 302/Section304B of the Indian Penal Code.

In the matter of : Suman Das
… Petitioner
Mr. Uday Sankar Chattopadhyay
Mr. Santanu Maji
Ms. Priyanka Saha
Mr. Subhayu Das
… for the petitioner
Mr. Saswata Gopal Mukherjee, ld. A.P.P.
Ms. Amita Gaur
… for the State

The petitioner has been implicated under Sections

498A/Section326/Section307/Section34 of the Indian Penal Code and Section

302/Section304B of the Indian Penal Code.

Learned counsel for the petitioner submits that the

petitioner is in custody for 221 days and charge-sheet has

already been submitted.

Learned counsel for the State opposes the prayer for bail.

We have taken into consideration the statement of the

witnesses and the dying declaration of the victim.

Considering the materials in the case diary and the period

of detention of the petitioner and the fact that investigation has

already been concluded, we are inclined to release the petitioner

on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, we direct that the petitioner shall 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, Purba

Bardhaman and on condition that he shall appear before the

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

not intimidate witnesses and/or tamper with evidence in any

manner whatsoever.

In the event petitioner fails to appear before the trial court

without justifiable cause, the trial court shall be at liberty to

cancel his bail without reference to this Court.

CRM 4471 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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