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44 31.01.2018
AB Court 28
C.R.M. 878 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Dhubulia P.S. Case
No.159 of 2017 dated 28.7.2017 under Sections 498A/307/34
of the Indian Penal Code
And
In the matter of : Amjad Khan @ Ali Anr.
…Petitioners.
Mr. Prabir Majumder,
Mr. S. Majumder …for the Petitioners.
Mr. Partha Pratim Das,
Ms. Amita Gour …for the State.
It is submitted on behalf of the petitioners that they are
in custody for 25 days and it is further submitted that the
principal accused person, that is the husband of the victim, has
been enlarged on bail.
Learned counsel appearing for the State opposes the
prayer for bail.
Having considered the materials in the case diary and
bearing in mind the extent of complicity of the petitioners in the
alleged crime and the period of detention suffered by them, we
are of the opinion that further detention of the petitioners is not
necessary.
Accordingly, we direct that the petitioners shall be
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released on bail upon furnishing bond of Rs.10,000/-(Rupees
Ten Thousand only) each with two sureties of like amount each,
one of whom shall be local, to the satisfaction of the learned
Chief Judicial Magistrate, Nadia on condition that they shall
appear before the trial court on every date of hearing and shall
not intimidate witnesses nor 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.)