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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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