Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Asit Baran Bose & Ors on 3 May, 2012
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 5-12 C.R.M. No. 7456 of 2012 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 2nd May, 2012 in connection with Dum Dum P.S. Case No. 133 of 2012 dated 05-03-2012 under Sections 498A/326/307/304B/302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
And
In re : Asit Baran Bose & Ors. ... Petitioners
Mr. Tirthankar Ghosh,
Mr. Sayan De. ... for the petitioners.
Mr. Suman De. ... for the State.
Heard the learned Counsel appearing on behalf of the parties. Perused the case diary. The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 498A/326/307/304B/302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act which was registered vide Dum Dum Case No. 133 of 2012.
It is submitted that the petitioners happen to be the father-in-law, mother-in-law and brother-in-law of the victim housewife. They are in custody for 59 days. It is further submitted that they are residing elsewhere but not in the flat where the alleged incident took place.
We have gone through the case diary more particularly, the allegations made in the First Information Report at page-1, bed-head ticket at page-6 and the Statements of inmates of the other flats.
Having regards to the same, while we allow the prayer for bail of petitioner no.3, so far as other are concerned, the same is rejected at this stage.
Let the petitioner no. 3, Arya Bose, be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas, upon furnishing a P.R. Bond of Rs. 5000/- with one surety of the like amount and on condition that he shall not tamper with the prosecution case or commit any offence, while on bail.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Toufique Uddin, J.)