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Ripon Ali vs Unknown on 5 February, 2018

1

16 05.02.2018

C.R.M. 949 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure
(Allowed)
filed on 31.01.2018 in connection with Chanchal Police Station Case No.576/2017
dated 29.09.2017 under Sections 498A/304B/34 of the Indian Penal Code.

And

In the matter of: Ripon Ali
….petitioner
Mr. Kallol Mondal, Adv.

Ms. A. Chel, Adv.

…for the petitioner
Z.N. Khan, Adv.

Ms. Debjani Sahu, Adv.

…for the State

The petitioner is in custody for 119 days and it is submitted that he has been

falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail.

We have considered the materials on record including the post mortem report

which shows that the victim died due to “ante mortem hanging” and in view of the

period of detention suffered by the petitioner and that the investigation is complete, we

are inclined in granting bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon

furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like

amount, one of whom shall be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Malda at Chanchal, subject to the condition that he 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 petitioner fails to appear before the trial court, 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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