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
In the matter of : Amarendra Singh
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.
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
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)