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Judgments of Supreme Court of India and High Courts

Arun Pal & Anr vs Unknown on 2 January, 2018

1

14 02.01.2018
Aloke Court 28 C.R.M. 12985 of 2017
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 20.12.2017 in connection with Saktipur
P.S. Case No. 22/17 dated 18.02.2017 under Sections 498A/304B of
the Indian Penal Code.

And

In the matter of : Arun Pal Anr.

Mr. Pratip Kr. Chatterjee
… for the Petitioners

Mr. Anwar Hossain
Ms. Ratna Ghosh
Allowed … for the State

It is submitted on behalf of the petitioners that they are

in custody for 75 days and it is submitted that co-accused

persons have been granted bail.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials on record and we

find that petitioners stand on the same footing as the co-

accused persons who have been granted bail. Hence, we are

inclined in granting bail to the petitioners.

Accordingly, we direct that the petitioners shall be

released on bail upon furnishing bond of Rs.10,000/-(Rupees

Ten Thousand only) each with two sureties of Rs.5,000/-
2

(Rupees Five Thousand) each, to the satisfaction of the learned

Chief Judicial Magistrate, Murshidabad at Berhampore on

condition that they shall appear before the trial court on every

date of hearing and shall not intimidate witnesses or tamper

with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the

trial court, the trial court shall be at liberty to cancel their 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.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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