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Judgments of Supreme Court of India and High Courts

Amarendra Singh vs Unknown on 10 May, 2018

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38 10.05.2018

AB Court 28 C.R.M. 2031 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Posta P.S. Case No.249
of 2017 dated 8.10.2017 under Section 498A/406/323/
506/307/120B of the Indian Penal Code

And

In the matter of : Amarendra Singh

…Petitioner.

Mr. Milan Mukherjee, Sr. Advocate,
Mr. Rahul Ganguly …for the Petitioner.

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

Mr. Antarikya Basu …for the Defacto complainant.

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

custody for 115 days and it is further submitted that he has

been falsely implicated in the instant case.

Learned Public Prosecutor opposes the prayer for bail.

Learned lawyer appearing on behalf of the defacto

complainant also opposes the prayer for bail and submits that

there are chances of intimidating the witnesses.

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 of the opinion that

further detention of the petitioner is not necessary and he may

be granted bail, however, subject to strict condition.
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Accordingly, we direct that the petitioner shall be

released on bail upon furnishing 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

Metropolitan Magistrate, Kolkata 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 and on further condition that he shall not

enter the jurisdiction of Posta and Barabazar Police Stations

until further orders except for the purpose of investigation and

shall provide the address where he shall presently reside to the

Investigating Agency as well as to the court below.

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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