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36 07.06.2018
AB Court 28
C.R.M. 3404 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Chakdaha P.S. Case
No.69 of 2018 dated 2.3.2018 under Sections 498A/304B/34 of
the Indian Penal Code
And
In the matter of : Sanaka Hazra Anr.
…Petitioners.
Mrs. Joyita Ray …for the Petitioners.
Ms. Zareen N. Khan,
Mr. Arabinda Manna …for the State.
It is submitted on behalf of the petitioners that they are
in custody for 102 days and it is further submitted that they
have been falsely implicated in the instant case.
Learned counsel appearing for the State opposes the
prayer for bail.
Having considered the materials on record and bearing
in mind the general and omnibus nature of allegations and the
fact that investigation is complete, we are of the opinion that
further detention of the petitioners is not necessary.
Accordingly, we direct that the petitioners shall be
released on bail upon furnishing a bond of Rs.10,000/-(Rupees
Ten Thousand only) each with two sureties of like amount each,
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one of whom shall be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Kalyani 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.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)