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Judgments of Supreme Court of India and High Courts

Tapas Debnath vs Unknown on 2 July, 2019

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166 02.07.2019
rkd Ct. No.28 C.R.M. 4708 of 2019
(Allowed)

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.

And

In the matter of: Tapas Debnath
….petitioner.

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
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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.)

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