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Judgments of Supreme Court of India and High Courts

4.10.2018 Under Sections … vs In Re: Tapan Biswas on 5 July, 2019



Sl. No.217
C. R. M. 5568 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
28.06.2019 in connection with Krishnaganj Police Station Case No. 229 of 2018 dated
04.10.2018 under Sections 498A/Section406/Section354/Section376/Section34 of the Indian Penal Code.


In Re: Tapan Biswas
… … Petitioner

Mr. Arnab Chatterjee .. Advocate
Mr. Amanul Islam .. Advocate
Mr. Sourav Chatterjee .. Advocate
… … for the petitioner

Mrs. Sayanti Santra .. Advocate
… … for the State

Petitioner is in custody for about 210 days and renews his prayer for bail as

there is no progress in the matter before the court below since the last rejection of bail by

this court.

Learned Counsel for the State opposes the prayer for bail and submits that the

petitioner is the principal accused and co-accused persons are absconding.

We have considered the materials on record. Keeping in mind the period of

detention suffered by the petitioner and as there is no progress in the matter since the last

rejection of bail by this court, we are of the opinion that further detention of the

accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Tapan Biswas., 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 Chief Judicial

Magistrate, Nadia at Krishnanagar 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.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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