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61 29.01.2018
ad Ct. No.28 C.R.M. 389 of 2018
am (Allowed)
In Re: ‐ An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10.01.2018 in connection with Barasat P.S.
Case No. 484 of 2017 dated 25.05.2017 under sections
498A/304B/325/302/34 of the Indian Penal Code and Section 3/4 of the
Dowry Prohibition Act.
And
In the matter of: Suman Mukherjee
… … petitioner.
Mr. Sandip Chakraborty
… … for the petitioner.
Mr. P.P. Das
Ms. Anita Gaur
… … for the State.
It is submitted on behalf of the petitioner that he is in custody for about 250
days and has been falsely implicated in the instant case.
Learned advocate appearing on behalf of the State opposes the prayer for bail
and submits that the case has been committed before the learned Court of Sessions.
Having considered the materials in the case diary and bearing in
mind the nature of allegations and the period of detention suffered by
the petitioner, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner shall be released on bail upon
furnishing a bond of Rs. 10,000/‐ with two sureties of like amount, one
of whom must be local, to the satisfaction of the learned Chief Judicial
Magistrate, North 24 Parganas at Barasat subject to the condition that he
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 she fails to appear before the trial court without justifiable cause,
the trial court shall be at liberty to cancel his bail in accordance with law without
further reference to this court.
The application for bail is, thus, allowed.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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