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4.02.2019 Under Sections … vs In Re: Sk. Kader on 17 September, 2019



Sl. No.260
C. R. M. 7736 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
22.08.2019 in connection with Uluberia Police Station Case No. 65 of 2019 dated
14.02.2019 under Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code.


In Re: Sk. Kader
… … Petitioner
Mr. Abdur Rakib .. Advocate
… … for the petitioner

Mr. Bidyut Kumar Ray .. Advocate
Mrs. Rita Datta .. Advocate
… … for the State

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

punishable under Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 40 days.

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

for bail.

Having considered the materials on record and bearing in mind the nature of

allegations and in view of the period of detention suffered by the petitioner, we are of the

opinion that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sk. Kader, be released on bail upon

furnishing 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, Uluberia, Howrah 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.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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