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Judgments of Supreme Court of India and High Courts

Sanaka Hazra & Anr vs Unknown on 7 June, 2018

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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.)

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