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Judgments of Supreme Court of India and High Courts

Tia Bibi & Anr vs Unknown on 17 June, 2019


Item No.57


C.R.M. No. 4248 of 2019

In Re : An Application for bail under Section 439 of the Code of
Criminal Procedure filed on 12/04/2019 in connection with Bolpur
P.S. Case No. 359 of 2018 dated 19.12.2018 under Sections
498A/Section304B/Section302 of the Indian Penal Code and Section 3/Section4 of the
Dowry Prohibition Act.


In the matter of : Tia Bibi Anr. … Petitioners.

Mr. Kallol Mondal,
Mr. Sanjib Dan,
Mr. Krishan Ray,
Ms. Amrita Chel … For the Petitioners.

Mr. Partha Pratim Das … For the State.

The petitioners have been implicated in the case under

Sections 498A/Section304B/Section306 of the Indian Penal Code.

We have considered the materials including the case diary and

having regard to the fact that the petitioners are in custody for 179

days and 160 days respectively and they being the mother-in-law

and brother-in-law and the fact that charge-sheet has already been

submitted, we do not find any reason to further detain the accused

persons. As such, we are inclined to release the petitioners on bail.

Accordingly, we direct that the petitioners shall be released on

bail upon furnishing a bond of Rs.10,000/- each with two sureties of

like amount each, one of whom must be local, to the satisfaction of

the learned A.C.J.M, Bolpur and on condition that during bail they

must not tamper with the evidence nor intimidate the witnesses in

any manner whatsoever and attend court regularly and face the trial.

In the event of violation of any such conditions, the learned

court shall be at liberty to cancel the bail of the petitioners without

any further reference to this Court.

Accordingly the application for bail is allowed.

C.R.M. 4248 of 2019 is thus disposed of.

Urgent photostat certified copy of this order, if applied for, be

given to the parties upon compliance of all formalities.


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