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18.06.2018
.
68.
as
(Allowed)
C.R.M. 3885 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15.06.2018 in connection with
Baranagar P.S. Case No.158 of 2017 dated 13.03.2017 under
Sections 498A/304B/306/34 of the Indian Penal Code read with
Section 3 / 4 of Dowry Prohibition Act.
In the matter of : Ratan Paul.
… Petitioner.
Mr. Kallol Kr. Mondal,
Ms. Amrita Chel.
…For the Petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Amita Gaur. …..For the State.
Heard the learned Counsel appearing on behalf of the parties.
It is submitted on behalf of the petitioner that he is in
custody for one year three months and the co-accused Laxmi Paul
standing on the same footing has been granted bail by this Court.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the prayer for bail of the petitioner was
rejected earlier by this Court.
We have considered the materials on record and bearing in
mind the period of detention suffered by the petitioner and the fact
that there is no progress in trial since the last rejection of the bail
by this Court and in view of the fact that the co-accused person
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who is similarly circumstanced with the petitioner has been
enlarged on bail, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner, namely, Ratan Paul shall be
released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount each one of whom must be local to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Barrackpore subject to condition that the petitioner 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 any justifiable cause, the trial Court shall be at
liberty to cancel his bail in accordance with law without further
reference to this Court.
The application, being C.R.M.3885 of 2018, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)