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Judgments of Supreme Court of India and High Courts

Asikul Islam @ Asikul Sk vs Unknown on 13 February, 2018

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37 13.02.2018
AB Court 28
C.R.M. 1338 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Domkal P.S. Case
No.834 of 2017 dated 22.9.2017 under Sections 498A/304B/
34 of the Indian Penal Code read with Section 4 of the Dowry
Prohibition Act

And

In the matter of : Asikul Islam @ Asikul Sk.

…Petitioner.

Ms. Shabana Hasin …for the Petitioner.

Mr. Bidyut Kr. Roy,
Ms. Rita Dutta …for the State.

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

custody for 141 days and it is further submitted that

investigation is complete.

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 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.

Accordingly, we direct that the petitioner shall be
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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 Chief

Judicial Magistrate, Murshidabad 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.

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

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