C.R.M. 7841 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12.09.2018 in connection with
Marishda P.S. Case No.85 dated 06.06.2018 under Sections
498A/302/34 of the Indian penal Code and Section 4 of the Dowry
Prohibition Act and charge sheet submitted under Sections
498A/306/34 of the Indian Penal Code and Section 4 of the Dowry
In the matter of : Swadesh Koyal.
Mr. Himanshu De, Sr. Adv.,
Mr. Navanil De,
Ms. Ayantika roy.
…for the Petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Amita Gaur.
…for the State.
Heard the learned Counsels appearing on behalf of the
It is submitted on behalf of the petitioner that he is in
custody for about 102 days and it is also submitted that the
incident occurred nine years after the marriage.
Learned Advocate appearing for the State opposes the prayer
We have considered the materials on record and bearing in
mind the nature of allegations and the period of detention suffered
by the petitioner and the fact that the investigation is complete
and the statutory presumption under Section 113A of the Evidence
Act is not applicable to the facts of the instant case, we are
inclined to grant bail to the petitioner.
Accordingly, the petitioner, namely, Swadesh Koyal shall be
released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount, one of whom must be local, to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Contai 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
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.7841 of 2018, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)