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Judgments of Supreme Court of India and High Courts

Amjad Khan @ Ali & Anr vs Unknown on 31 January, 2018

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44 31.01.2018
AB Court 28
C.R.M. 878 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Dhubulia P.S. Case
No.159 of 2017 dated 28.7.2017 under Sections 498A/307/34
of the Indian Penal Code

And

In the matter of : Amjad Khan @ Ali Anr.

…Petitioners.

Mr. Prabir Majumder,
Mr. S. Majumder …for the Petitioners.

Mr. Partha Pratim Das,
Ms. Amita Gour …for the State.

It is submitted on behalf of the petitioners that they are

in custody for 25 days and it is further submitted that the

principal accused person, that is the husband of the victim, has

been enlarged on bail.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials in the case diary and

bearing in mind the extent of complicity of the petitioners in the

alleged crime and the period of detention suffered by them, we

are of the opinion that further detention of the petitioners is not

necessary.

Accordingly, we direct that the petitioners shall be
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released on bail upon furnishing 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, Nadia on condition that they shall

appear before the trial court on every date of hearing and shall

not intimidate witnesses nor 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

without further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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