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Judgments of Supreme Court of India and High Courts

Babai Hazra & Ors vs Unknown on 10 October, 2018

1

51 10.10.2018
rkd Ct. No.28 C.R.M. 9033 of 2018
(Allowed)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 05/10/2018 in connection with
Haldibari P.S. Case No. 102 of 2018 dated 25/06/2018 under
Sections 498A/304B/34 of the India Penal Code.

And

In the matter of: Babai Hazra Ors.

….petitioners.

Mr. P. Bhattacharya
…for the petitioners.

Ms. A. Gour
…for the State.

Leave is granted to correct the cause title.

Petitioners are in custody for 100 days and it is submitted

that the have been falsely implicated in the instant case.

Learned counsel appearing on behalf of the State opposes

the prayer for bail.

We have considered the materials on record and bearing

in mind the general and omnibus nature of allegations and the

period of detention suffered by the petitioners and that

investigation is complete, we are inclined to grant bail to the

petitioners.

Let the petitioners be released on bail upon furnishing a

Bond of Rs. 10,000/- each with two sureties of like amount each,

one of whom must be local, to the satisfaction of the Learned

Additional Chief Judicial Magistrate, Mekhliganj, subject to the

condition that during bail they shall appear before the learned

trial court regularly till disposal of the trial and they shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioners fail 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.
2

The application for bail is, thus, disposed of.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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