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Judgments of Supreme Court of India and High Courts

2017) vs In Re: Mantazul Sk on 7 February, 2018

1

07.02.18

Sl. No.25
akd
[ALLOWED]
C. R. M. 13208 of 2017

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
22.12.2017 in connection with Arambagh Police Station Case No. 1054 of 2017 dated
18.11.2017 under Sections 498A/304B of the Indian Penal Code. (G.R. Case No. 2016 of
2017)

And

In Re: Mantazul Sk.

… … Petitioner
Mr. Amitabha Karmakar .. Advocate
Mr. Arup Kumar Bhowmick .. Advocate
… … for the petitioner

Ms. Zareen N. Khan .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/304B of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 80 days

and that he has been falsely implicated in the instant case. It is further submitted that he

resides in Kolkata in connection with his employment and hardly played any role in the

matrimonial life of the couple.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

Having considered the materials in the case diary and bearing in the mind the

nature of allegations in the light of the aforesaid submissions made on behalf of the

petitioner and the period of detention suffered by him, we are of the opinion that further

detention of the accused/petitioner is not necessary.
2

Therefore, the accused/petitioner, namely Mantazul Sk., 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 must be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Arambagh, Hooghly subject to condition that the said petitioner shall

appear before the trial court on every date of hearing until further orders and shall not

intimidate witnesses nor 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 reference to this court.

The application for bail, thus, stands allowed.

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

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