An Application For Bail Under … vs In Re: Fatik Adak on 12 April, 2017

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54 12.04.2017

SK Court No.26
CRM 3080 of 2017

In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 06.04.2017 in connection
with Bagnan Police Station Case No. 42 of 2016 dated
26.01.2016 under Sections 498A/304B/302/34 of the Indian
Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

And

In Re: Fatik Adak Petitioner.

Mr. Biswajit Tiwari ……For the Petitioner.

Mr. Partha Pratim Das,
Mr. Dipankar Mahato … For the State.

Heard the learned counsel appearing on behalf of the

parties. Perused the Case Diary.

The petitioner is the father-in-law of the

victim/housewife, a man aged about 87 years. He is in custody

for 36 days. Investigation is over and charge-sheet has been

submitted. Two other co-accused, namely, the husband and the

sister-in-law of the victim/housewife are on bail. So far as the

allegations are concerned, it is an admitted position that the

present petitioner is standing on same footing with those co-

accused, who are on bail.

Having regard to above and when no apprehension has

been disclosed from the side of the State that if the petitioner is
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released on bail, he is likely to abscond or his further custodial

detention is necessary, even after submission of charge-sheet,

the prayer for bail is allowed on parity.

Let the petitioner be released on bail to the satisfaction of

the Learned Additional Chief Judicial Magistrate, Uluberia,

Howrah upon furnishing Bond of Rs. 10,000/- with two sureties

of Rs. 5,000/- each, one of whom must be local.

The instant application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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