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Judgments of Supreme Court of India and High Courts

Arshad @ Ashad Sk vs Unknown on 18 September, 2018

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14 18.09.2018

AB Court 28 C.R.M. 7065 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Khargram P.S. Case
No.96 of 2018 Dated 19.4.2018 under Sections 498A/304B/302
34 of the Indian Penal Code read with Sections 3 and 4 of the
Dowry Prohibition Act

And

In the matter of : Arshad @ Ashad Sk.

…Petitioner.

Mr. Kallol Mondal,
Mr. Krishan Ray,
Ms. Amrita Chel …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 139 days and that other in-laws of the victim are on

regular bail. It is further submitted that the petitioner stands on

the same footing as the said accused persons who are on bail.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials on record and bearing

in mind the extent of complicity of the petitioner in the alleged

crime and in view of the period of detention suffered by him, that

is, 139 days and that other co-accused persons who are

similarly circumstanced with the petitioner are on regular bail,

we are inclined to extend similar privilege to the petitioner also.
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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 each, one

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

Additional Chief Judicial Magistrate, Kandi 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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