C.R.M. 7477 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 14.08.2019 in connection with Tehatta
Police Station Case No. 28 of 2019 dated 28.01.2019 under Sections
498A/Section448/Section325/ Section326/Section307/ Section354B/ Section34 of the Indian Penal Code.
In Re : Apurba Bairagi @ Apurba Bairagya …… petitioner
Mr. Atis Kumar Biswas
…..for the petitioner
Mr. Ranabir Ray Chowdhury,
Mr. Mainak Gupta
….for the State
Liberty is given to the learned Counsel appearing for the petitioner
to correct the cause title.
It is submitted by the learned Counsel appearing for the petitioner
that the petitioner is in custody for 58 days and he has been falsely
implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for bail.
Having considered the materials on record and bearing in mind the
nature of allegations and in view of period of detention suffered by the
petitioner, we are inclined to grant bail to the petitioner.
Accordingly we direct that the petitioner shall be released on bail
upon furnishing a bond of Rs.10,000/- with two sureties of like amount
each, one of whom must be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Tehatta, Nadia, subject to conditions
that he shall meet the investigating officer once in a week until further
orders and shall appear before the trial court on every date of hearing
until further orders and shall not intimidate the witnesses and/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 further reference to this Court.
The application for bail is, accordingly, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)