C.R.M. 961 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure
(Allowed) filed on 31.01.2018 in connection with Tamluk Police Station Case No.531/2017
dated 27.11.2017 under Section 498A/304B/302/34 of the Indian Penal Code and
Section 4 of the D.P. Act.
In the matter of: Uttam Adhikary Ors.
Mr. Ranadeb Sengupta, Adv.
Mr. R. Roy, Adv.
…for the petitioners
Mr. N. Ahmed, Adv.
Z.N. Khan, Adv.
…for the State
The petitioners are in custody for 71 days and it is submitted that they are the
in-laws of the victim housewife who committed suicide.
Learned lawyer for the State opposes the prayer for bail.
Having considered the materials in the case diary and bearing in mind the
nature of allegations levelled against the petitioners and the period of detention
suffered by them, we are of the opinion further detention of the petitioners is not
necessary in the facts of the case and they may be granted bail.
Accordingly, we direct that the petitioners shall be released on bail upon
furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties
of like amount each, one of whom shall be local, to the satisfaction of the learned Chief
Judicial Magistrate, Purba Medinipur, subject to the condition that they shall appear
before the trial court on every date of hearing and shall not intimidate witnesses or
tamper with evidence in any manner whatsoever.
In the event the petitioners fail to appear before the trial court, the trial court
shall be at liberty to cancel their bail in accordance with law without further reference
to this court.
The application for bail is, thus, allowed.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)