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Judgments of Supreme Court of India and High Courts

Rakesh Prasad & Anr vs Unknown on 16 January, 2018

1

22 16.01.2018
Aloke Court 28 C.R.M. 469 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12.01.2018 in connection with
Sankrail P.S. Case No. 823 of 2017 dated 20.10.2017 under
Sections 498A/302/34 of the Indian Penal Code.

And

In the matter of : Rakesh Prasad Anr.

Mr. Upendra Roy
Mr. Randhir Singh
… for the Petitioners

Mr. Saswata Gopal Mukherjee, ld. P.P.

Allowed Mr. Partha Pratim Das
… for the State

It is submitted on behalf of the petitioners that they are

in custody for 88 days and that co-accused Punam Prasad was

enlarged on bail by this Court.

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 the fact that co-accused

Punam Prasad has been granted bail, we are inclined in granting

bail to the petitioners also.

Accordingly, we direct that the petitioners shall be

released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten

Thousand only) each with two sureties of like amount each, one of
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whom shall be local, to the satisfaction of the learned Chief

Judicial Magistrate, Howrah, on condition that they shall appear

before the trial court on every date of hearing and shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioners fail to appear before the trial

court, the trial court shall be at liberty to cancel their bail without

further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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