rkd Ct. No.28 C.R.M. 4708 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10/06/2019 in connection with
Nabadwip P.S. Case No. 404 of 2018 dated 16/09/2018 under
Sections 498A/Section304B/Section34 of the Indian Penal Code.
In the matter of: Tapas Debnath
Mr. Sudipta Maitra, Sr. Adv.,
Mr. B. Manna,
Mr. S. Debnath
…for the petitioner.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. A. Gaur
…for the State.
Petitioner is in custody for 288 days and renews his
prayer for bail. He also submits that there is hardly any progress
in the trial since the last rejection of bail by this Court.
Learned counsel appearing on behalf of the State opposes
the prayer for bail.
Having considered the materials in the case diary and
bearing in mind the nature of allegations involving suicidal death
of the victim housewife and in view of the protracted period of
detention suffered by the petitioner and as there is hardly any
progress before the trial court since the last rejection of bail by
this Court, we are inclined to grant bail to the petitioner.
Let the petitioner 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 Judicial
Magistrate, Nabadwip, Nadia subject to the condition that during
bail he shall appear before the learned trial court regularly till
disposal of the trial and he shall not intimidate witnesses or
tamper with evidence in any manner whatsoever or commit
similar offences in future.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)