Calcutta High Court (Appellete Side)
Sections 498A/302/304B/201/120B Of ... vs In Re : Baijnath Prasad Alias Baiju on 25 July, 2019
1 25.07.2019 154 sdas Allowed C.R.M. 6065 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.07.2019 in connection with Asansol (North) Police Station Case No. 201 of 2018 dated 03.08.2018 under Sections 498A/302/304B/201/120B of the Indian Penal Code.
And In Re : Baijnath Prasad alias Baiju ...... petitioner Mr. S. S. Roy, Mr. B. K. Singh .....for the petitioner Mr. S. G. Mukherjee, learned P.P., Mr. Parthapratim Das ....for the State It is submitted by the learned Counsel appearing for the petitioner that he is in custody for 355 days and it is also submitted that other in-laws who have been implicated in that case like the petitioner are on regular bail. Principal accused i.e. the husband is in custody.
Learned Counsel appearing for the State opposes the prayer for bail and submits that due to non-attendance of one of the accused persons charge could not be framed.
Having considered the materials on record, we find that allegations against the petitioner and other in-laws are substantially the same. Keeping in mind the aforesaid fact and period of detention suffered by the petitioner and as the principal accused i.e. the husband is in custody, we are inclined to grant bail to the petitioner. 2
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, Asansol, subject to condition that he 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 he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court.
The application for bail is, accordingly, allowed. (Manojit Mandal, J.) (Joymalya Bagchi, J.)