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40 10.05.2018
AB Court 28
C.R.M. 2063 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Amdanga P.S. Case
No.341 of 2017 dated 5.7.2017 under Section 498A/328/
302/34 of the Indian Penal Code
And
In the matter of : Abdul Rouf @ Sk. Abdul Rouf
@ Sk. Abdur Rouf
…Petitioner.
Mr. Y. Mondal …for the Petitioner.
Ms. S. Bhattacharya,
Mr. Arindam Sen …for the State.
It is submitted on behalf of the petitioner that he is in
custody for 50 days and it is further submitted that co-accused
person, namely, Mirajul Haque alias Laltu has been granted
bail.
Learned lawyer appearing on behalf of the State opposes
the prayer for bail.
Having considered the materials in the case diary and
bearing in mind the nature of allegations and the extent of
complicity of the petitioner therein as transpiring from the dying
declaration, we are of the opinion that further detention of the
petitioner is not necessary and he may be granted bail.
Accordingly, we direct that the petitioner shall be
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released on bail upon furnishing bond of Rs.10,000/-(Rupees
Ten Thousand only) with two sureties of like amount, one of
whom shall be local, to the satisfaction of the learned Chief
Judicial Magistrate, Barasat on condition that he 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 petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel his 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.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
