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Bhotu Sk & Anr vs Unknown on 28 January, 2019

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88 28.01.2019

rkd Ct. No.28
(Allowed) C.R.M. 466 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10/01/2019 in connection with
Kaliachak P.S. Case No. 649 of 2016 dated 27/09/2016 under
Sections 498A/302/506/34 of the Indian Penal Code.

And

In the matter of: Bhotu Sk Anr.

….petitioners.

Mr. S. Saha
…for the petitioners.

Mr. B. Panda,
Ms. P. Saha
…for the State.

Petitioners are in custody for 88 days and it is submitted

that they 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 extent of complicity of the petitioners in the alleged

crime and in view of the period of detention suffered by the

petitioners, 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

Chief Judicial Magistrate, Malda 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
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to cancel the bail without any further reference to this Court.

The application for bail is, thus, disposed of.

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

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