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13 06.07.2018
rkd Ct. No.28 C.R.M. 4400 of 2018
(Allowed)
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 02/07/2018 in connection with
Bizpore P.S. Case No. 256 of 2018 dated 02/05/2018 under
Sections 498A/354C/376D/307/306/34 of the India Penal
Code.
And
In the matter of: Avijit Acharjee
….petitioner.
Mr. S. D. Mahapatra
…for the petitioner.
Mr. B. Panda,
Ms. P. Saha
…for the State.
Petitioner is in custody for 65 days and it is submitted
that co-accused person, namely, Anup Das has been granted
anticipatory bail.
Learned counsel appearing on behalf of the State opposes
the prayer for bail.
Having considered the materials in the case diary and
bearing in mind the nature of allegations and the extent of
complicity of the petitioner in the alleged crime and the fact that
co-accused Anil Das has been granted pre-arrest bail, we are
inclined to grant bail to the petitioner.
Let the petitioner be released on bail upon furnishing a
Bond of Rs. 10,000/- with two sureties of like amount each, one
of whom must be local, to the satisfaction of the Learned
Additional Chief Judicial Magistrate, Barrackpore, North 24
Psarganas subject to the condition that during bail he shall
appear before the learned trial court regularly till disposal of the
trial and he shall not intimidate witnesses or tamper with
evidence in any manner whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
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The application for bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)