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Babua Sen @ Bakul Sen vs Unknown on 18 July, 2018



RP 33
CRM 4920 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Haldibari Police Station
Case No.27 of 2018 dated 12.02.2018 under Sections
498A/326/307/302/34 of the Indian Penal Code corresponding
to GR Case No.81/2008.


In the matter of : Babua Sen @ Bakul Sen
…. Petitioner

Mr. Sudip Guha, Adv.

….. For the Petitioner

Mr. S.G. Mukherjee, Ld. P.P.

Ms. Amita Gaur, Adv.

….. For the State

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

for 155 days. It is further submitted that he has been falsely

implicated in the instant case.

Learned Advocate for State produces the case diary and opposes

the prayer for bail.

Having considered the materials on record including the dying

declaration of the victim in the medical papers at page 56 of the case

diary and bearing in mind the extent of complicity of the petitioner in

the alleged crime as transpiring from the aforesaid records and the

period of detention suffered by the petitioner, we are inclined to grant

bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on

bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only)

each with two sureties of like amount each, one of whom shall be local,

to the satisfaction of the learned Additional Chief Judicial Magistrate,

Mekhliganj, Cooch Behar on condition that he shall not intimidate the

witnesses and/or tamper with evidence in any manner whatsoever and

shall appear before the trial Court on every date of hearing and in the

event he fails to do so, his bail shall stand automatically cancelled

without further reference to this Court.

The application for bail is, accordingly, allowed.

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

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