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Judgments of Supreme Court of India and High Courts

Uttam Das @ Uttam Kumar Das vs Unknown on 22 April, 2019

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22.04.2019

CRM 3110 of 2019
Court No.2
Item No. 08
In Re:- An application for bail under Section 439 of the
snandy Code of Criminal Procedure filed on 08.03.2019 in
(ALLOWED) connection with Liluah P.S. Case No. 4 of 2019 dated
06.01.2019 (GR Case No. 120 of 2019) for committing
offence punishable under 498A/307/406 of the Indian
Penal Code read with Sections 3 4 of the Dowry
Prohibition Act.

And

In the matter of : Uttam Das @ Uttam Kumar Das
……Petitioner
Mr. Kallol Guha Thakurta, Advocate
Mrs. Parsati Banerjee, Advocate
Mr. Rajendra Nath Goswami, Advocate
….For the Petitioner
Mr. Anowar Hossain, Advocate
Ms. Ratna Ghosh, Advocate
…….For the State

We have considered the materials-on-record,
more particularly, the dying declaration of the victim,
wherein she stated that her husband set her on fire.
We are informed that other co-accused persons have
already enlarged on bail including the wife and the
daughters of the present petitioner. We have also
perused the statement of the minor child.

In view of the extent of complicity of the
petitioner in the alleged offence and considering the
fact that the petitioner is in custody for more than 60
days, we are inclined to grant bail to the petitioner.

Therefore, the accused/petitioner, namely Uttam
Das @ Uttam Kumar Das, 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 learned Chief Judicial Magistrate,
Howrah, subject to condition that the said petitioner
shall appear before the trial court on every date of
hearing and in the event the petitioner fails to do so
without any justifiable cause, the trial court shall be at
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liberty to cancel his bail without any further reference
to this Court.

The application for bail, thus, stands allowed.

(Hiranmay Bhattacharyya, J) (Harish Tandon, J)

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