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05.09.19
Sl. No.193
akd
[ALLOWED]
C. R. M. 7877 of 2019
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
27.08.2019 in connection with Bhagwangola Police Station Case No. 09 of 2019 dated
04.01.2019 under Sections 498A/Section304B/Section34 of the Indian Penal Code and Sections 3/Section4 of
the Dowry Prohibition Act. (G.R. Case No.89 of 2019)
And
In Re: Juyel Sk. @ Solet Sk. @ Md. Juyel Sk.
… … Petitioner
Mr. Debapriya Samanta .. Advocate
… … for the petitioner
Mr. Bidyut Kumar Roy .. Advocate
Ms. Rita Datta .. Advocate
… … for the State
The petitioner is seeking bail in connection with a case relating to offences
punishable under Sections 498A/Section304B/Section34 of the Indian Penal Code and Sections 3/Section4 of
the Dowry Prohibition Act.
It is submitted on behalf of the petitioner that there is considerable delay in
lodging FIR. It is further submitted that co-accused persons have been granted pre-arrest
bail.
Learned Counsel for the State produces the case diary and opposes the prayer
for bail.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the submission relating to delay in lodging FIR and as there is no
progress in the matter since the last rejection of pre-arrest bail by this court, we are of the
opinion that further detention of the accused/petitioner is not necessary.
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Therefore, the accused/petitioner, namely Juyel Sk. @ Solet Sk. @ Md. Juyel
Sk., be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only),
with two sureties of like amount each, one of whom must be local, to the satisfaction of
the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to
condition that the said 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 he fails to appear before the trial court without justifiable cause, the
trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)
