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Judgments of Supreme Court of India and High Courts

Biplab Sahu vs Unknown on 23 March, 2017

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5 23.03.2017
AB Court 28
C.R.M. 2343 of 2017
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 17.3.2017 in connection with
Baranagar P.S. Case No. 80 of 2017 dated 7.2.2017 under Sections
498A
/325/506 of the Indian Penal Code read with Section 8 of the
POCSO Act (G.R. Case No. 773 of 2017)

And

In the matter of : Biplab Sahu

…Petitioner.

Mr. Pradip Kr. Roy,
Ms. Shraboni Sarkar,
Mr. Joydeep Roy …for the Petitioner.

Mr. S.G. Mukherjee, Ld.PP,
Mr. Suman Saha …for the State.

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

custody for 44 days and further detention is not necessary in view

of the fact that police report has been filed.

Learned counsel for the State opposes the prayer for bail

and submits that the prayer of the petitioner was rejected earlier.

I have considered the materials on record. I find that since

the rejection of bail by this Court investigation has concluded and

police report has been filed. The petitioner is in custody for 44 days

and it is submitted that the instant case has arisen out of a

matrimonial dispute.

Accordingly, I am of the opinion that further detention of
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the petitioner is not necessary and direct that the petitioner shall be

released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten

Thousand only) with two sureties of like amount each, one of whom

shall be local, to the satisfaction of the learned Additional District

and Sessions Judge, 1st Court (Spl.), Barrackpore on condition that

he shall not tamper with evidence or intimidate witnesses 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, the trial court

shall be at liberty to cancel his bail without 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.

(Joymalya Bagchi, J.)

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