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Ajoy Kumar Bera @ Ajoy Bera vs Unknown on 5 July, 2018


17 05.07.2018
AB Court 28
C.R.M. 4451 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Khejuri P.S. Case No.23
of 2018 dated 31.1.2018 under Sections 498A/302/304B/34 of
the Indian Penal Code read with Sections 3 and 4 of the Dowry
Prohibition Act


In the matter of : Ajoy Kumar Bera @ Ajoy Bera


Mr. J. N. Chatterjee,
Mr. Tirthankar Dey …for the Petitioner.

Mr. S.G. Mukherjee, Ld. PP,
Mr. Partha Pratim Das …for the State.

It is submitted on behalf of the petitioner that he is in

custody for 153 days and that investigation is complete.

Learned Public Prosecutor opposes the prayer for bail.

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 and the fact that

investigation is complete, we are of the opinion that further

detention of the petitioner is not necessary and he may be

granted bail.

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 each, one

of whom shall be local, to the satisfaction of the learned

Additional Chief Judicial Magistrate, Contai on 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 the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel his 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.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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