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.
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
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
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.)