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Judgments of Supreme Court of India and High Courts

Amit Maity @ Hari Maity vs Unknown on 18 June, 2018

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54 18.06.2018
AB Court 28
C.R.M. 3862 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Harwood Point Coastal
P.S. Case No.21 of 2018 dated 24.01.2018 under Sections
498A/304B/302 of the Indian Penal Code

And

In the matter of : Amit Maity @ Hari Maity

…Petitioner.

Mr. Habibur Rahaman,
Mr. Maidul Islam Kayal …for the Petitioner.

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

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

custody for more than four months and it is further submitted

that he has been falsely implicated in the instant case.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials on record and bearing

in mind the nature of allegations and in view of 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.

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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, Kakdeep 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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