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The Indian Penal Code vs In Re: Ratan Hira on 13 March, 2019



Item No.12
Court No.16
CRM 2826 of 2019

Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 5th March, 2019 in connection with Pandua Police
Station Case No.262 of 2017 dated 10.05.2017 under Sections 498A/302 of
the Indian Penal Code.


In Re: Ratan Hira

Mr. Suman Chakraborty
… For the Petitioner

Mr. N. Ahmed
Ms. T. Mitra
… For the State

The petitioner seeks bail in connection with Pandua Police Station

Case No.262 of 2017 dated 10.05.2017 under Sections 498A/302 of the

Indian Penal Code.

The petitioner claims parity by referring to an order dated February

25, 2019 passed on CRM 2050 of 2019.

The State says that though the petitioner may be seen to be standing

on the same footing as Basanti Mridha, who was granted bail by the order

dated February 25, 2019, the petitioner was absconding for a considerable

period after the petitioner’s prayer for anticipatory bail was rejected while

Basanti Mridha surrendered immediately after a similar rejection.

Since the petitioner stands on the same footing as another co-

accused who has been granted bail, the petitioner is entitled to the similar

benefit. Though, in the ideal world a person absconding may indicate to his

guilt; but in the imperfect third world, there are other apprehensions which

may overwhelm a person apart from his guilt.

The petitioner will be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount,

to the satisfaction of the Chief Judicial Magistrate, Chinsurah on the

conditions that the petitioner will not intimidate any witness or tamper with

any evidence in any manner whatsoever and the petitioner will be obliged to

attend Court on the dates fixed for the trial.

In the event the petitioner violates any of the conditions indicated

above, the trial court will be at liberty to cancel the bail without reference to

this Court.

The prayer for bail is allowed, subject to the conditions stated above.

Certified photocopies of this order, if applied for, be supplied to the

parties upon compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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