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Judgments of Supreme Court of India and High Courts

25.02.2018 Under Sections … vs In Re: Ajay Sarkar on 3 July, 2018

1

03.07.18

Sl. No.27
akd
[ALLOWED]
C. R. M. 4389 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
02.07.2018 in connection with Ratua Police Station Case No. 65 of 2018 dated
25.02.2018 under Sections 498A/304B/34 of the Indian Penal Code.

And

In Re: Ajay Sarkar
… … Petitioner
Mr. Nirmal Kumar Santra .. Advocate
… … for the petitioner

Mrs. Sukanya Bhattacharya .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/304B/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 124 days

and that investigation is complete.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

Having considered the materials in the case diary and bearing in mind the

nature of allegations and the period of detention suffered by the petitioner and the fact

that investigation is complete, we are of the opinion that further detention of the

accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Ajay Sarkar, be released on bail

upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of

like amount each, one of whom must be local, to the satisfaction of the learned Additional
2

Chief Judicial Magistrate, Chanchal, Malda subject to condition that the said petitioner

shall appear before the trial court on every date of hearing until further orders and shall

not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel his bail automatically without reference to this court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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