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
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
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. )