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Judgments of Supreme Court of India and High Courts

Swarup Ghosh vs Unknown on 6 June, 2018

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73 06.06.2018
Aloke Court 28 C.R.M. 2849 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15.05.2018 in connection with
Salar P.S. Case No. 198 of 2017 dated 08.11.2017 under
Sections 498A/304B/34 of the Indian Penal Code.

And

In the matter of : Swarup Ghosh

Ms. Madhushri Dutta Majumder
… for the Petitioner
Mr. Bidyut Kr. Roy
Ms. Rita Datta
… for the State

Allowed It is submitted on behalf of the petitioner that the

petitioner is in custody for 209 days and it is submitted that

recording of prosecution evidence has not commenced as yet

and other accused persons are on bail.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials on record and bearing

in mind the period of detention suffered by the petitioner and

the fact that recording of prosecution evidence has not

commenced as yet, we are inclined in granting bail to the

petitioner.

Accordingly, we direct that the petitioner shall be

released on bail upon furnishing a 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 Additional

Chief Judicial Magistrate, Kandi, Murshidabad, on condition

that he shall appear before the trial court on every date of

hearing and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial

court without justifiable cause, the trial court shall be at liberty
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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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