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30.07.2019
205
sdas
Allowed

C.R.M. 6802 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 29.07.2019 in connection with
Nakashipara Police Station Case No. 300 of 2019 dated 22.06.2019
under Sections 498A/Section313/Section34 of the Indian Penal Code.

And

In Re : Baby Parveen Anr. …… petitioners

Mr. Arnab Chatterjee,
Mr. Amanul Islam,
Mr. Sourav Mukherjee
…..for the petitioners

Mr. Parthapratim Das
….for the State

It is submitted by the learned Counsel appearing for the

petitioners that they are in custody for 35 days and it is also submitted

that allegation of forcible abortion is not supported by medical evidence.

Learned Counsel appearing for the State opposes the prayer for

bail.

We have considered the materials on record including the medical

report with regard to the assault on the victim lady. The said medical

report does not speak of forcible abortion. Keeping in mind the facts

and circumstances of the case and in view of the period of detention

already suffered by the petitioners, we are inclined to grant bail to the

petitioners.

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

learned Chief Judicial Magistrate, Nadia, subject to condition that they

shall appear before the trial court on every date of hearing until further

orders and shall not intimidate the witnesses and/or tamper with

evidence in any manner whatsoever.

In the event they fail to appear before the trial court without

justifiable cause, the trial court shall be at liberty to cancel their bail

automatically without further reference to this Court.

The application for bail is, accordingly, allowed.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)