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Judgments of Supreme Court of India and High Courts

Chaina Bibi & Ors vs Unknown on 15 January, 2018


42 15.01.2018
AB Court 28
C.R.M. 434 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Labpur P.S. Case No.97
of 2017 dated 15.6.2017 under Sections 498A/302/304B/34 of
the Indian Penal Code


In the matter of : Chaina Bibi Ors.


Mr. Sujay Sarkar …for the Petitioners.

Mr. S.G.Mukherjee, Ld. PP,
Mr. Partha Pratim Das …for the State.

It is submitted on behalf of the petitioners that they are

in custody for 33 days and it is further submitted that the

principal accused is already on bail.

Learned counsel appearing for 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 period of

detention suffered by the petitioners and the fact that

investigation is complete and the principal accused is already on

bail, we are of the opinion that further detention of the

petitioners is not necessary.

Accordingly, we direct that the petitioners 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, Bolpur on condition that

they shall appear before the trial court on every date of hearing

and shall not intimidate witnesses nor tamper with evidence in

any manner whatsoever.

In the event the petitioners fail to appear before the trial

court, the trial court shall be at liberty to cancel their bail

without further 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.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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