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Judgments of Supreme Court of India and High Courts

Abdul Rouf @ Sk. Abdul Rouf vs Unknown on 10 May, 2018

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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.)

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