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Tonik Sk. @ Md. Saifuljaman @ … vs Unknown on 13 June, 2019

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44 13.06.2019
rkd Ct. No.42 C.R.M. 4078 of 2019
(Allowed)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11/04/2019 in connection with
Ranitala P.S. Case No. 609 of 2018 dated 09/12/2018 under
Sections 498A/Section304B/Section34 of the Indian Penal Code, 1860 and
under Sections 3/Section4 of the Dowry Prohibition Act.

And

In the matter of: Tonik Sk. @ Md. Saifuljaman @ Tonick
….petitioner.

Mr. A. A. Alamgir
…for the petitioner.

Mr. Saswata Gopal Mukherjee, P.P.,
Mr. P.P. Das,
Ms. A. Gaur
…for the State.

Petitioner has been implicated in a case under Sections

498A/Section304B/Section34 of the Indian Penal Code, 1860 and under

Sections 3/Section4 of the Dowry Prohibition Act.

The learned advocate for the petitioner submits that

petitioner is in custody for about 183 days and charge sheet has

already been submitted in connection with this case. He further

submits that the victim had a cardiac failure resulting in her

death.

Learned counsel appearing on behalf of the State opposes

the prayer for bail and submits that there are statement which

reflect that initially after the marriage there are allegations

relating to demand of dowry. However, during the close proximity

of death of the victim no such statements are reflected.

Having considered the materials on record including the

case diary, we find that in CRM 2503 of 2019 a coordinate Bench

of this Court has observed that the victim housewife suffered

cardiac failure due to anemia and septicemia and the fact that

charge sheet has already been submitted and the period of

detention suffered by the petitioner, we are inclined to grant bail
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to the petitioner.

Accordingly, we direct that the petitioner shall 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 Additional Chief Judicial Magistrate,

Lalbagh, Murshidabad subject on 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.

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.

Accordingly, the application for bail is allowed.

C.R.M. 4078 of 2019 is, thus, disposed of.

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

to the parties upon compliance of all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)

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