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Judgments of Supreme Court of India and High Courts

Swadesh Koyal vs Unknown on 18 September, 2018

1

18.09.2018

.

198.
as
(Allowed)
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
Prohibition Act.

In the matter of : Swadesh Koyal.

… Petitioner.

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

parties.

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

for bail.

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
2

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

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.7841 of 2018, is disposed of.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)

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